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62d Congress, [ HOUSE OF REPRESENTATIVES, j Report 

U Session. \ \ No. 425. 



COMPENSATION FOR CLERKS OF UNITED STATES 

COURTS. 




March 16, 1912. — Committed to the Committee of the Whole House on the state of 
the Union and ordered to be printed. 



Mr. Clayton, from the Committee on the Judiciary, submitted the 

following 

REPORT. v 

[To accompany H. R. 21226.] 

The Committee on the Judiciary, having had under consideration 
House bill 21226, providing for compensation of clerks of United 
States district courts, report it back with the following amendments, 
with the recommendation that the several amendments be agreed to 
and that the bill as amended do pass. 

AMENDMENTS. 

First. In the title of the bill strike out the first two words. 
"Relating to," and insert in lieu thereof the words "Providing for, 
and after the word "courts" and before the period at the end of the 
sentence insert the words "and for other purposes." 

Second. Page 1, line 7, after the semicolon following the words 
"United States," insert the following: ''Provided, That the portion 
of the fees which the naturalization law allows clerks of United 
States district courts to retain shall be accounted for to the United 
States and be included in the quarterly accounting for naturalization 
fees required by law to be made, except that upon the approval of the 
Secretary of Commerce and Labor a clerk of any United States court 
collecting naturalization fees in excess of six thousand dollars in the 
fiscal year nineteen hundred and twelve or in any fiscal year there- 
after may retain so much of three thousand dollars of naturalization 
fees in the following fiscal year as may be necessary to pay for the 
clerical assistants, for naturalization purposes only, which clerks of 
courts are required to employ by section thirteen of the act of June 
twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at 
Large, part one, page five hundred and ninety-six)." 



2 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

This amendment was suggested by the Department of Commerce 
and Labor in response to a letter from the chairman of the com- 
mittee recjuestino; an opinion as to the effect upon the Bureau of 
Immigration and Naturalization of the bill as originally framed. 
The letter of the chairman of this committee and the reply of the 
Department of Commerce and Labor are hereto appended. 

Third. Page 6, line 4, strike out the words "four thousand and five 
hundred" and insert in lieu thereof the words "five thousand. " 

Fourth. Page 7, lines 7 and 8, after the word "Tennessee" strike 
out the words "three thousand five hundred" and insert the words 
"four thousand." 

Fifth. Page 8, line 21, after the word "exceeding" strike out the 
word "six" and insert in lieu thereof the word "four." 

OFFICE OF CLERK OF CIRCUIT COURT ABOLISHED. 

The judicial code which went into effect January 1, 1912, abolished 
the office of clerk of circuit court. Prior to that time in many cases 
the clerk of the circuit court also held the office of clerk of the district 
court, and received the compensation of both officers, to wit, an amount 
not over $7,000 per annum. The clerk of the district court must 
now in every case discharge all the duties heretofore incumbent upon 
both the clerk of the circuit court and the clerk of the district court. 
Section 839 of the Revised Statutes provides that out of the fees 
earned by him in his office the clerk of the district court may retain 
as compensation for his services a sum not to exceed $3,500, the 
amount (subject to this limitation) being fixed by the Attorney 
General as provided in said section. Under the old order which 
provided for a clerk of the circuit court and a clerk of the district 
court, there were in some districts more than one clerk of each the 
circuit court and the district court. Arizona had five district clerks 
as a Territory. Now, under the joint operation of this bill and the 
judicial code the number is reduced to one. New Mexico had seven 
district clerkships as a Territory and now has one. Among districts 
having more than one may be mentioned the following: The eastern 
district of Kentucky, where there were six circuit court clerks and 
six district clerks; western district of Kentucky, where there were 
four circuit court clerks and four district clerks; and the western 
district of Virginia, where there were four circuit court clerks and 
four district clerks. Under the provisions of the judicial code there 
can be but one clerk in each district, or a total of 79 clerks. 

BILLS INTRODUCED TO CHANGE COMPENSATION OF DISTRICT CLERKS. 

Bills have been introduced in the Senate and the House of Repre- 
sentatives at this session of Congress to increase the maximum com- 
pensation to $5,000 per annum to be retained by the clerk out of his 
fees earned. It seems to be generally believed that $3,500 is in some 
cases too small a compensation for the clerk who now must discharge 
all the duties heretofore incumbent upon the two clerks, circuit and 
district, and in other -cases that sum would be excessive compensation. 

rV ^SF PSj 

v 



COMPENSATION FOR CLERKS OP UNITED STATES COURTS. 3 

PURPOSE OF THIS BILL. 

This bill has as its prime object the abolition of the existing system 
of compensating clerks of the district courts out of fees earned by 
them, and seeks to pay the clerks fixed salaries, similar to the plan 
now provided for the compensation of district attorneys and district 
marshals. These latter officers, attorneys and marshals, were put on 
salaries by the act approved May 28, 1896. (29 Stat. L., p. 179.) It 
is submitted that this measure is in harmony with that legislation 
and with like legislation which has been had in recent years in many 
of the States of the Union. 

There has been no change in the method of compensating clerks of 
district courts since 1853. After careful consideration of all the meas- 
ures pertaining to the compensation of the clerks of the district courts 
your committee has reached the conclusion that the salary sj^stem is, 
for many reasons, better than the fee system. By it there would be 
an improvement in the public service and the Government would be 
benefited by a saving annually of many thousands of dollars. 

By the provisions of "this bill all the fees, of every character received 
by the clerks of the district courts will be paid into the Treasury of the 
United States, and the clerks will receive fixed salaries, which are 
stated in the bill. The information and the reasons which -guided the 
committee in fixing these salaries are stated in the hearings Skd accom- 
panying documents hereto appended. 

By reference to the hearings, which are appended to this report, it 
will be found that after the payment of the salaries of clerks, deputies, 
and clerical assistants the United States will receive the services of the 
clerks without expense, and that fees collected from firms, individuals, 
and corporations will pay all the expenses of the clerks' offices, includ- 
ing the salaries of deputy clerks, and still leave a substantial balance 
to be turned into the Treasury. The reform proposed by this bill is, 
it is believed, worthy of legislative sanction. 



Section 289 of the Judicial Code. 

Section 289. The circuit courts of the United States, upon the taking effect of 
this act, shall be, and hereby are, abolished ; and thereupon, on said date, the clerks 
of said courts shall deliver to the clerks of the district courts of the United States 
for their respective districts all the journals, dockets, books, files, records, and other 
books and papers of or belonging to or in any manner connected with said circuit 
courts; and shall also on said date deliver to the clerks of said district courts all 
moneys, from whatever source received, then remaining in the hands or under their 
control as clerks of said circuit courts, or received by them by virtue of their said 
offices. The journals, dockets, books, files, records, and other books and papers so 
delivered to the clerks of the several district courts shall be and remain a part of the 
official records of said district courts, and copies thereof, when certified under the 
hand and seal of the clerk of the district court, shall be received as evidence equally 
with the originals thereof; and the clerks of the several district courts shall have 
the same authority to exercise all the powers and to perform all the duties with 
respect thereto as the clerks of the several circuit courts had prior to the taking effect 
of this act. 



4 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

Section 839, Revised Statutes of the United States. 

Section 839. No clerk of a district court or clerk of a circuit court shall be allowed 
by the Attorney General, except as provided in the next section and in section eight 
hundred and forty-two, to retain of the fees and emoluments of his office or, in case 
both of the said clerkships are held by the same person, of the fees and emoluments 
of the said offices, respectively, for his personal compensation, over and above his 
necessary office expenses, including necessary clerk hire, to be audited and allowed 
by the proper accounting officers of the Treasury, a sum exceeding three thousand 
five hundred dollars a year for any such district clerk or for any such circuit clerk, or 
exceeding that rate for any time less than a year. 



March 7, 1912. 
Hon. Charles E. Nagel, 

Secretary of Commerce and Labor, Washington, D. C. 
Dear Sir: Herewith I beg to hand you a copy of H. R. 21226, relating to com- 
pensation of clerks of the United States district courts. It is proposed to amend this 
bill by inserting after the word "courts" in line 5, page 1, the following words, which 
are interlined in red ink at the place indicated: "including all fees in naturalization 
cases and cases where the clerk is appointed by the court or judge to perform any 
special service." 

The question was raised in the committee as to whether or not the deprivation of 
the clerks of the fees they are entitled to in naturalization cases and the covering of 
such fees into the Treasury, as provided for in the proposed amendment, will cripple 
or disturb the administration of your service in any case. 

I will thank you very much to give me an opinion this afternoon. The committee 
will meet to-morrow at 10.30 o'clock a. m. to give further consideration to the bill and 
to take up this proposed amendment in particular in the light of your report. 
Yours, very truly, 

Henry D. Clayton, Chairman. 



Department op Commerce and Labor, 

Office op the Secretary, 

Washington, March 7, 1912. 

Dear Sir: I beg to acknowledge your letter of even date herewith, inclosing a copy 
of the bill H. R. 21226, relating to the compensation of clerks of the United States 
district courts. 

Responding to your request for an expression of my views with relation to the effect 
upon the naturalization service of embodying in the measure the words interlined in 
red ink after the word "courts" in line 5, page 1, I have to say that it would, in effect, 
constitute a repeal of important provisions of section 13 of the naturalization act of 
June 29, 1906. This section requires clerks of courts to account quarterly to the 
Division of Naturalization of the Bureau of Immigration and Naturalization for the 
naturalization fees collected by them. The moneys so received are, under that- 
section, accounted for to the disbursing clerk of this department upon properly audited 
abstracts from clerks of courts of collections of naturalization fees, and, after exami- 
nation by that official, are deposited in the Treasury of the United States, accom- 
panied by an accounting to the Auditor for the State and Other Departments. The 
disbursing clerk of the department is held responsible under his bond for these fees. 

Duplicates of all naturalization papers are received in the Division of Naturalization, 
and the audit is made in that office of the remittances of naturalization fees by com- 
parison with the records of naturalization papers filed. Such a comparison and audit 
can not be made in any other office of this department or in any other department. 

Section 7 of the proposed bill requires the clerks of United States district courts 
to account quarterly to the Attorney General for all of the fees embraced within the 
terms of the proposed bill. 

Section 13 of the naturalization act provides that the clerks of courts exercising 
jurisdiction in naturalization proceedings shall be permitted to retain one-half of 
the fees in any fiscal year up to the sum of $3,000. It also requires these clerks of 
courts to make use of the portion of fees, which they are permitted to retain, by paying 
for the additional clerical force that may be required in performing the duties imposed 
upon them by the naturalization act. If the words interlined should be incorporated 
in the bill they would seem to require clerks of United States courts to cover into 
the Treasury of the United States that portion of the naturalization fees which they 
are now allowed to retain and required to expend in the manner described above. 



COMPENSATION- FOR CLERKS OF UNITED STATES COURTS. 5 

In several of the United States district courts substantial expenditures are annually 
made out of the $3,000, which the clerks of these courts retain, for the purpose of 
employing clerical assistants to meet the demands upon their offices for the filing of 
naturalization papers. The embarrassment which would result from requiring the 
clerks of all United States courts to deposit the portion of the fees which they now 
retain and make use of would be practically incalculable. 

On the other hand, the interlineation appears to have been made for the purpose 
of insuring the covering into the United States Treasury of all fees, so as to place the 
offices of the clerks of the United States district courts solely and entirely upon a 
salary basis. The omission of some suitable provision for this object seems undesir- 
able. If no provision should be made to this end any clerk of a United States dis- 
trict court where the naturalization business should not demand the employment 
by him of additional assistants to perform the duties imposed upon him by the natur- 
alization law, could retain the one-half of the naturalization fees up to $3,000. Such 
amounts retained would, therefore, be in addition to the compensation provided by 
the bill. 

Section 7 of the bill requires deposits of all fees with the Treasurer of the United 
States "in the manner provided by law." If this should be construed as not to 
require the deposit of the portion now retained by the clerks of courts, since there is 
no law now requiring such deposit, the omission of some provision would not embar- 
rass the administration of the naturalization law in the manner stated above. 

With the desire, however, of safeguarding the administration of the naturalization 
law and to insure the proper deposit of the portion of the naturalization fees referred 
to, it is suggested that the following words be inserted after the words "United States" 
at the end of line 7 in lieu of the interlineation submitted: 

"Provided, That the portion of the fees which the naturalization law allows clerks 
of the United States district courts to retain shall be accounted for to the United States 
and be included in the quarterly accounting for naturalization fees requfced by law 
to be made, except that upon the approval of the Secretary of Commerce and Labor 
a clerk of any United States court collecting naturalization fees in excess of $6,000 in 
the fiscal year 1912, or in any fiscal year thereafter, may retain so much of $3,000 of 
naturalization fees in the following fiscal year as may be necessary, to pay for the 
clerical assistants, for naturalization purposes only, which clerks of courts are required 
to employ by section 13 of the act of June 29, 1906." (34 Stat. L., pt. 1, p. 396.) 

By this proviso the portion of the fees now retained by clerks of courts will be 
accounted for to the United States along with the other portion of their naturalization 
fees. The only exceptions would be found in large cities where the naturalization 
business is so excessive as to require the relief which the law now provides. In these 
cases no retention could be made except upon the approval of the Secretary of Com- 
merce and Labor, and only in such amounts, not exceeding $3,000 in any fiscal year, 
as in his judgment would be necessary to enable the clerks of courts to pay for the 
clerical assistance which the law now requires them to pay out of the portion of fees 
retained by them. 

With this comment and suggestion, the bill is returned. 
Very truly, yours, 

Benj. S. Cable, Acting Secretary. 

Hon. H. D. Clayton, 

Chairman Committee on the Judiciary, 

House of Representatives, Washington, D. C. 



Hearings Before Special Subcommittee No. 5 of the Committee 

on the Judiciary 

[House of Representatives, Sixty-second Congress, second session, March 2, 1912.] 

Special Subcommittee No. 5 of the 

Committee on the Judiciary, 

House of Eepresentatives, 
Washington, D. C, March 2, 1912. 
The special subcommittee No. 5 met at 11 o'clock a. m.. Hon. Henry 
D. Clayton presiding, the committee having under consideration the 
matter of fixing salaries of United States district court clerks. 



6 COMPENSATION FOE CLERKS OE UNITED STATES COURTS. 

Present: Kepresentatives Clayton (chairman of the Committee on 
the Judiciary), Dupre, Norris, Davis. Sterling, and Higgins. 

Present, also: Mr. E. M. Keatley, clerk of the United States Dis- 
trict Court for the Southern District of West Virginia. 

The Chairman. After the partial consideration that the full com- 
mittee gave to this bill, of which there is a committee print only, 
relating to compensation of clerks of the United States district 
courts, the other day, I concluded that it would be better if I could 
get some members of the committee with me to-day and go over the 
matters embraced in the bill so that I might introduce the bill and 
have the amounts of the salaries stated in the bill in accordance with 
the best judgment of at least some members of the committee. It 
seemed to me impracticable to get all of the committee together to go 
over this matter in a detailed way, so I wrote a note to Messrs. Webb,. 
Norris, Sterling, Higgins, Davis, and Dupre, and asked them to 
meet me here to-day and to constitute themselves, together with my- 
self, a subcommittee for the purpose of considering the details of this 
bill. I am glad to see that all to whom I sent this note are here ex- 
cept Mr. Webb and Mr. Norris. I am sorry they are not here, and 
I know that they are detained for some good reason, because they 
both had signified their desire to be here and help us with this work. 
I do not know why they are not here, but I know it is for some good 
reason. 

I hope, gentlemen, that since you are each furnished with a copy 
of this bill and with all the printed data in reference to it, you have 
read this printed data and that we can now enter into an examina- 
tion of the bill with at least some information which will serve to 
guide us in reaching a correct conclusion as to the proper amount 
to be allowed the clerk in each particular case. I have heretofore 
told the full committee and a subcommittee of some of the elements 
that I thought ought to enter into consideration in fixing the amount 
to be allowed for the clerk in each case, and I need not repeat those 
elements to you. You will see that the printed data that I have 
given to you suggest certain elements, facts, and figures, all of them, 
however, in harmon}' with what I have heretofore suggested should 
be taken into consideration. The Attorne}^ General has fully an- 
swered the letters that I have written to him in reference to this 
bill, and has supplied the information asked for. We have with us 
to-clay Mr. Keatley, who has had large experience as a clerk, both of 
the circuit and district courts of the United States in the southern 
district of West Virginia, and he has gone over this data, all this 
printed matter, with me very carefully and in a detailed way. Per- 
haps the best way for the committee to thoroughly understand it will 
be to take up each case, the salary to be fixed in the case of each clerk, 
and then refer to the printed data or have Mr. Keatley do so. I 
should be very glad if any member of the committee would make 
any suggestion he may deem proper so that we may get an intelligent 
consideration of the measure. 

Mr. Keatley. May I make a statement at this point? At the 
beginning of my statement I want the committee to know that I 
represent all the clerks. I am not speaking for the southern district 
of West Virginia alone; I am endeavoring to represent the whole 
subject. 



COMPENSATION FOR CLERKS OP UNITED STATES COURTS. 7 

Mr. Higgins. You have an organization and they have delegated 
you ? 

Mr. Keatlet. Four or five clerks had a meeting in St. Louis after 
the passage of the judicial code and requested me to come to Wash- 
ington and represent them. Then others have written asking me to 
act. 

The Chairman. There are 79 clerks of district courts who will be 
affected by this bill. And I now desire to know, according to the 
official data, what is the gross income of those 79 clerkships from 
fees ? 

Mr. Keatley. Annually? 

The Chairman. Annually. 

Mr. Keatley. The average for the years 1909, 1910, and 1911 was 
$1,068,650.56, as shown by the reports of the Attorney General. 

The Chairman. What was it the last year — 1911 ? 

Mr. Keatley. I seriously question whether that total for the year 
itself has been carried out — yes, sir; the total was carried out, and is 
$1,123,790.38 for the fiscal year 1911, and I think would be nearly ; 
$100,000 more for the calendar year 1911 than the average for 1909, 
1910, and 1911. 

The Chairman. Why have we not been able to get the figures to 
complete 1911? 

Mr. Keatley. That is due to the fact that the emoluments of clerks 
are figured by calendar years, while the books of the department are 
kept by fiscal years, ending June 30. Therefore our figures go up to 
June 30, 1911, and do not include the last six months of 1911. 

The Chairman. Why do you think that for 1911 there would be 
about $100,000 more than the average for 1909, 1910, and 1911? 

Mr. Keatley. Well, I am only judging from the condition in two 
or three districts with which I am familiar. For example, in the 
southern district of West Virginia our average for the past three 
years has been a little over $8^000. For the year 1911, the calendar 
year, my office income was close to $12,000; it now runs about $1,000 
a month. The figures show, by comparing the various districts, that 
in practically every district there is a steady increase year by year. 
The books, of course, were not closed for 1911. 

The Chairman. What were the figures for 1910? 

Mr. Keatley. I do not believe that we calculated the years — I 
took the average and then calculated that as a basis, because I knew 
it was very conservative. 

The Chairman. You have a printed statement there showing that? 

Mr. Keatley. Yes, sir. This statement headed " Gross earnings 
of clerks in United States courts," which is in the communication 
from the Attorney General, gives in three separate columns the three 
years and then the average, and the average was the one from which 
the total was taken, as that was thought to be conservative. 

The Chairman. Will you please insert that in your statement here ? 

Mr. Keatley. I will do so. 

The document referred to follows. 



8 COMPENSATION FOE CLEKKS OF UNITED STATES COUETS. 

Appendix A. 

gross earnings of clerks in united states courts. 

Office of the Attorney General, 

Washington, B.C., January 25, 1912. 
Hon. Henry D. Clayton, 

Chairman House Committee on the Judiciary, 

House of Representatives. 
My Dear Mr. Clayton: I have had prepared, and hand you here- 
with, statement showing the gross earnings of the clerks of United 
States courts during the fiscal years 1909, 1910, and 1911. 

In the following districts the clerks have neither reported nor 
claimed all of the fees earned from the United States, as the maxi- 
mum compensation to which they are entitled under the law has been 
reached without including all the fees which they might charge in 
their accounts against the United States, viz: Massachusetts, New 
Jersey, New York, southern; Ohio, southern; Pennsylvania, western. 
The clerks in the following districts are paid salaries under the 
law: Alaska, Hawaii, Illinois, northern. 

In the following districts the clerks are authorized by law to charge 
double fees: California, Oregon, Nevada, Idaho, Wyoming, North 
Dakota, Washington, Montana, Arizona, New Mexico. 

If there is any further information that I can get for you bearing on 
the question, pray command me. 

Faithfully, yours, Geo. W. Wictjersham, 

Attorney General. 

Statement showing gross earnings of clerks of United States courts during the fiscal years 

1909, 1910, and 1911. 



Judicial districts. 


Number. 


Fiscal year 
1909. . 


Fiscal year 
1910. 


Fiscal year 
1911. 


Average. 


Alabama: 

Northern 


7 
2 
2 


517,370.19 
6, 725. 56 
6,303.20 


$21, 126. 07 
5,999.82 
8, 269. 61 


$21, 506. 35 
5, 533. 49 
5,430.90 


$20,000.87 


Middle 


6,086.29 


Southern 


6, 667. 90 


Alaska: 












































16, 549. 70 

12,871.06 
9, 648. 46 

27, 524. 39 

22, 547. 87 

14,343.61 

5,431.11 

3, 577. 46 


18, 706. 13 

10,681.08 
9, 218. 56 

27,547.72 

18,876.95 

12, 703. 28 

6, 653. 17 

4,890.50 


16,302.65 

11,075.32 
7,894.93 

23, 918. 18 

21,744.16 

15. 754. 71 

7,849.85 

3,917.82 




Arkansas: 

Eastern 


4 
3 

3 
3 
3 
2 
1 


11,542.81 




8,920.65 


California: 

Northern 


25, 663. 43 


Southern 


21,056.32 


Colorado 


14,267.20 


Connecticut 


6,644.71 


Delaware 


4, 128. 59 






Florida: 

Northern 


4 
6 

4 
5 


5, 983. 66 
10,498.86 

21,733.49 
15,463.85 
5, 136. 60 
7, 467. 66 

48,326.43 

9, 485. 65 

11,245.74 

17, 659. 16 

8, 578. 51 
10, 922. 26 
17, 489. 39 


6,700.48 
7, 979. 71 

21,898.25 

15,217.17 

6,335.13 

8, 223. 06 

48, 521. 83 
8, 646. 75 
9,751.11 

14, 032. 82 

7, 305. 26 
10, 235. 78 
19,421.17 


5, 929. 12 
9,802.47 

20, 520. 96 

13, 203. 78 

5,714.35 

10, 619. 81 

45,921.84 
9,366.25 
8, 493. 07 

15, 121. 21 

6, 722. 60 
11,622.45 
17,850.02 


6, 204. 42 


Southern 


9, 427. 01 


Georgia: 


21,384.23 


Southern 


11, 294. 93 






Idaho 


4 
2 


8,770.17 


Illinois: 

Northern 


47,590.30 




9, 166. 21 




3 
5 

5 
6 
5 


9,829.97 


Indiana 


15,604.39 


Iowa: 


7, 535. 45 


Southern 


10, 926. 89 


Kansas 


18,253.52 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



Statement shoiving gross earnings of clerks of United States courts during the fiscal years 
1909, 1910, and 1911— Continued. 



Judicial districts. 


Number. 


Fiscal year 
1909. 


Fiscal year 
1910. 


Fiscal year 
1911. 


Average. 


Kentucky: 


6 
4 

2 
5 
3 
2 
2 

3 
2 
6 

3 

4 

4 
6 
5 
8 
1 
3 
3 


816,333.75 
16, 168. 48 

19,844.85 
7,124.10 

10, 613. 04 
8,059.62 

30. 164. 46 

8, 228. 95 

8,706.64 

24,142.19 

7,948.50 
12,811.50 

14,000.47 

17,875.33 

11,962.09 

18,431.71 

4,890.41 

4, 108. 78 

27,471.55 

8,071.76 

9, 680. 85 
15,282.60 
54,691.48 

9,899.71 

10. 070. 47 
15,312.38 
10, 417. 70 

33, 518. 51 
14, 623. 03 

50,410.10 
9, 768. 65 
19,783.12 

21,427.88 
10, 794. 07 
20,830.30 
3,284.41 
8,225.75 
10,865.76 

9,249.51 
7,260.79 
10, 900. 07 

9, 326. 90 
9,232.78 
9,847.81 
8,671.96 
4,386.98 
3,966.33 

15,563 24 
12,931.29 

12,426.64 
29, 872. 23 

13,074.66 
7,822.44 

6. 247. SO 

6,292.27 
3,865.90 


$17,311.78 
14,143.26 

22,108.34 

8. 542. 73 
12, 128. 99 

8. 793. 74 

30. 401. 58 

8, 309. 71 

7, 095. 05 

2-3,449.48 

7,615.57 
12,341.27 

25,876.78 
22,003.62 

14. 627. 59 
18, 405. 00 

5,864.63 
3,868.63 
28,254.26 
8,036.10 

10,149.30 
17,257.99 
55,259.36 
10,767.85 

11,091.24 

13, 992. 46 

9, 695. 77 

19, 188. 26 
19,116.67 

23, 952. 04 
15,847.72 
22,728.65 

20,663.62 
10,676.11 
20,033.11 
3,760.22 
7,973.31 
9,438.25 

10,387.10 

6,977.34 
11,861.24 

11,019.92 
7.345.33 
9,602.78 
9,204.08 
3,895.16 
4,400.10 

12, 703. 82 
12,071.84 

14,112.34 
31,304.02 

13,331.35 
6,978.51 

6, SOS. 99 
7,095.94 
9,873.35 


817,511.10 
14, 737. 65 

20, 692. 25 
9, 429. 07 

10,442.72 
9, 755. 65 

31,028.01 

9,687.86 
8,804.58 
25,054.93 

6,746.47 
10,077.24 

16,156.20 
23,024.63 
14,451.10 
18,301.73 
6,382.05 
4,020.73 
29,023.77 
13,371.47 

9,700.19 
18, 149. 03 
61,160.25 
10,461.1^ 

10,826.33 

17,676.94 

9,028.47 

29,020.51 
17,397.08 

14,210.28 
13,587.54 
22,304.13 

25, 479. 38 

10, 585. 06 

20,058.63 

4,349.14 

7,421.47 

9, 793. 67 

9,661.83 

7,896.70 
11,871.85 

11,559.02 
10,144.79 
8,595.15 
9,941.47 
7,112.61 
• 4, 326. 94 

11,519.31 
11,227.97 

13, 773. 20 
29,042.29 

15,213.09 
8,903.31 

6,683.37 
7,586.00 
7,016.72 


$17,052.21 




15, 016. 46 


Louisiana: 


20,881.81 




8,365.30 




11,061.58 




8,869.67 




30,531.35 


Michigan: 


8,742.17 




8,202.09 




24,215.53 


Mississippi: 


7,436.84 




11,743.30 


Missouri: 


18,677.88 




20,967.86 




13,680.26 




18,379.48 




5, 712. 36 




3, 999. 38 
28,249.86 






New York: 


5 
1 
1 
6 

5 
6 
5 

3 
3 

6 
5 
3 

1 
3 
2 
2 

4 
4 

3 
2 
2 

5 
6 
5 
5 
2 
3 

3 

7 

3 
3 

5 

5 

3 
4 
4 


9.S43.44 




16,896.54 




57,037.03 




10,376.24 


North Carolina: 


10, 662. 68 




15,660.59 




9,713.98 


Ohio: 


27, 242. 43 


Oklahoma: 

Western 

Oregon 

Pennsylvania: 

Middle 

Western 


17, 045. 59 

14,210.28 
13,067.97 
21,605.30 

22, 523. 63 
10,685.08 
20,307.35 

3,797.92 




7,873.51 




10,032.56 


Tennessee: 


9,766.15 


Middle 


7,378.28 




11,544.39 


Texas: 


10.635.28 




8,907.63 




9,348.58 




9,272.50 


Utah 


5,131.58 




4,231.12 


Virginia: 


13.25S.79 




• 12,077.03 


Washington: 


13,428.06 




30,072.S5 


West Virginia: 


13.873.03 




7,901.42 


Wisconsin: 


6,580.05 




6,991.40 




6,918.66 







Mr. Sterling. We have a statement here headed " Compensation 
actually received by the clerks of United States courts for the year 
1911." " For instance, it says, "Alabama, northern, $7,000," and so on. 
I think I understand how his happened to be $7,000. He was clerk 
for both courts, was he not ? 

The Chairman. Yes. 



10 COMPENSATION" FOE CLEEKS OF UNITED STATES COUETS. 

The statement referred to by Mr. Sterling is here inserted, as fol- 
lows: 

Appendix B. 

Compensation actually received by clerks of the United States courts for the 

year 1911. 



State. 



District. 



Amount. 



Alabama. 



Arizona.. 
Arkansas. 



California. 



Colorado 

Connecticut. 
Delaware.. . 
Florida 



Georgia. 
Idaho 



Kentucky. 
Louisiana. 



Maine 

Maryland... .. 
Massachusetts. 
Michigan 



Minnesota. 
Missouri.. . 



Mississippi. 



Montana 

Nebraska 

Nevada.. 

New Hampshire. 

New Jersey 

New Mexico 

New York 



Northern. 
Southern. 
Middle... 



Eastern.. 
Western.. 
Northern. 
Southern. 



Northern. 
Southern. 
Northern. 
Southern. 



Illinois 


Northern 




Southern 




Eastern 


Indiana 




Iowa 


Northern 




Southern 


Kansas •. 





Eastern. 
Western. 
Eastern. 
Western. 



|7, 000. 00 
3, 487. 20 

3, 358. 82 
1 2 15, 102. 65 

7, 000. 00 

6, 850. 83 

1 13, 035. 26 

'13,703.82 

7, 000. 00 

4, 939. 60 

3, 917. 82 

4, 947. 92 

6, 264. 86 

7, 000. 00 
4, 412. 69 

1 7, 000. 00 

6, 500. 00 

5, 736. 42 
5, 886. 74 

7, 000. 00 

4, 883. 51 
7, 000. 00 
7, 000. 00 

3 10, 148. 97 

4 10, 907. 65 

7, 000. 00 

7, 000. 00 

7, 000. 00 

5, 644. 01 
7, 000. 00 

6, 749. 39 

6, 246. 28 

7, 000. 00 
7, 000. 00 
7, 000. 00 

5, 348. 72 

6, 665. 53 
1 7, 000. 00 

7, 000. 00 
1 5, 053. 25 

4, 020. 73 
7, 000. 00 

5 13, 367.47 

5, 920. 96 
7, 000. 00 
7, 000. 00 
7, 000. 00 

x Double fees and double maximum are allowed clerks in this district under sec. 840, 
Revised Statutes, and amendatory acts, with a proviso that when both circuit and 
district clerkships were held by the same person the maximum for both offices should 
not exceed $7,000 per annum. 

2 Arizona had five district clerkships as a Territory. 

3 Previous to Jan. 1, 1912, there were six circuit and six district clerkships in this 
district. 

* Previous to Jan. 1, 1912, there were four circuit and four district clerkships in this 
district. 

5 New Mexico had seven district clerkships as a Territory. 



Eastern . 
Western. 



Eastern.. 
Western.. 
Northern. 
Southern. 



Northern . 
Southern . 
Eastern . . 
Western . . 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 11 



Compensation actually received by clerks of the United States courts for the year 1911— 

Continued. 



State. 



North Carolina. 



North. Dakota. 
Ohio 



Oklahoma. 



Oregon 

Pennsylvania. 



Rhode Island . 
South Carolina. 
South Dakota.. 
Tennessee 



Texas. 



Utah 

Vermont. 
Virginia.. 



Washington. 



West Virginia. 



Wisconsin. 



Wyoming. 



District. 



Eastern. 
Western . 



Northern . 
Southern. 
Eastern.. 
Western.. 



Eastern. 
Middle.. 
Western. 



Eastern . . 
Middle... 
Western.. 
Northern. 
Southern. 
Eastern.. 
Western.. 



Eastern.. 
Western.. 
Eastern.. 
Western.. 
Northern. 
Southern. 
Eastern.. 
Western.. 



Amount. 



$7, 000. 00 
7, 000. 00 
1 6, 518. 22 
7, 000. 00 
7, 000. 00 
7, 000. 00 
7, 000. 00 
1 14, 000. 00 
7, 000. 00 
7, 000. 00 
7, 000. 00 
3, 747. 14 

5, 998. 98 
7, 000. 00 

6, 222. 59 
5, 479. 66 

7, 000. 00 

5, 622. 95 

3, 814. 94 
4, 126. 18 

^4, 971. 87 

• 4, 895. 26 

3, 108. 81 

5, 139. 76 

2 7, 000. 00 

1 12, 324. 36 

1 14, 000. 00 

7, 000. 00 

7, 000. 00 

4, 736. 87 

6, 286. 72 
4, 967. 87 



1 Double fees and double maximum are allowed clerks in this district under sec. 840, 
Revised Statutes, and amendatory acts, with a proviso that when both circuit and 
district clerkships were held by the same person the maximum for both offices should 
not exceed $7,000 per annum. "■. . ■ . 

2 Previous to Jan. 1, 1912, there were four circuit and four district clerkships in this- 
district. 



12 COMPENSATION FOE CLEEKS OP UNITED STATES COTJETS. 

Mr. Steeling. Now, take the next one, the southern district. Was 
that amount fixed by the Attorney General ? 

Mr. Keatley. No. 

Mr. Sterling. How did he get that? 

Mr. Keatley. Under the statute as it existed previous to the 1st 
day of January, the clerk was entitled to earn $3,500 in fees in each 
court, after deducting therefrom all the pay of deputies and the 
expenses of his office. After making that deduction for both the 
circuit court and the district court the clerk received for his compen- 
sation $3,487.20. 

Mr. Sterling. Now, going down to Arizona, it is $15,000 there. 
That is five clerks, is it, or one clerk ? 

Mr. Keatley. No, sir; that was five separate men holding five 
separate appointments in the old Territory. That has now been 
abolished by the operation of the judicial code. 

Mr. Sterling. For the western district of Arkansas, $6,850.83. 
He was clerk of both courts? 

Mr. Keatley. Yes, sir. 

Mr. Sterling. And lacked a little bit of getting both salaries in 
full? 

Mr. Keatley. That is correct. 

Mr. Sterling. Take it in Connecticut now, $4,939.00. How does 
that come? Is he clerk of both courts? . 

Mr. Keatley. Yes, sir; he was entitled to earn $7,000. In expla- 
nation, permit me to say that these figures in all the districts repre- 
sent the aggregate amount that was paid to both circuit and district 
court clerks, no matter whether it was two men or one man. In com- 
piling this Capt. Glover, of the department, added them together 
and made that the compensation of the clerks in that district, no 
matter whether it was one man or two. In most cases there was only 
one. Sixty-three of the clerkships previously existing were held by 
one and the same man ; 42 were held by separate individuals. 

You will also note from that statement the curious anomalies that 
existed under the law. For example, there were six circuit clerkships 
and six district clerkships in the eastern district of Kentucky alone, 
and they were each entitled to earn $7,000 under the old law. 

The Chairman. How much did they earn? 

Mr. Keatley. As a matter of fact, they actually earned in the 
eastern district of Kentucky, in 1911, $10,148.97. Ten of those clerk- 
ships were held by one man. Five circuit clerkships and five district 
clerkships were held by Mr. Menzies. He was clerk at Covington, in 
the eastern district of the State. In the western district of the State 
Mr. Konald received about $10,907. 

Mr. Sterling. Reading the hearings held before the subcommit- 
tee on this matter, I noted there was some colloquy, Mr. Chairman, 
between you and Mr. Glover as to supplies to these various clerks. 

The Chairman. Yes, sir. 

Mr. Sterling. Now, is it the idea that these salaries as suggested 
here in this bill shall be net to the clerk, or shall he furnish his own 
supplies ? 

The Chairman. They shall be net to the clerk. The supply propo- 
sition is all provided for by law, just as the supplies of the marshal 
and district attorney are provided for by law. 



COMPENSATION FOR CLERKS OF UNITED STATES COUETS. 13 

Mr. Sterling. Well, I inferred from some things that Mr. Glover 
said that the clerks furnished their own supplies. 

The Chairman. If you read the whole colloquy there you will find 
out that Capt. Glover confessed his error. 

Mr. Higgins You cited some statutes there 

The Chairman. Yes; and I would like to have those statutes in- 
serted here. I have the reference for them, but I would like to have 
the statutes showing that it is covered by existing law. Capt. Glover 
seemed to think that this bill is to take care of the purchase of sup- 
plies, just as the law takes care of the purchase of supplies for the 
district attorney and the marshal, and the colloquy led to the dis- 
closure of the fact that Capt. Glover was mistaken in thinking that 
such legislation was necessary. Now, I will quote from the former 
hearing [reading] : 

Mr. Glover. Instead of allowing the clerks to buy all sorts of supplies for their 
offices the department will furnish those supplies just as they furnish supplies 
for United States marshals now. 

Mr. Clayton. This bill in no wise deals with that subject. 

Mr. Glover. Well, we want it to. 

Mr. Clayton. I think not. 

Mr. Glover. How will that be determined — just let it go along as it has been 
done, and buy all the stuff they please? 

Mr. Norris. I should think a great deal of economy might be brought about 
by a uniform system in this supply business by letting the department furnish 
all the supplies, because they are practically the same for every district. 

Mr. Clayton. That applies to the marshal, the district attorney, and every- 
body else, and I don't see why we should take that up in a salary bill for clerks. 
Now, I have had numerous conferences with the Attorney General and a great 
deal of correspondence about it, and he has never suggested putting that in 
this bill. 

Mr. Glover. Well, he naturally wouldn't think of that. 

Mr. Keatley. Isn't that all covered in the general law now? That is my 
understanding of the statute. The Department of Justice has the right to 
prescribe these administrative details. You have conferred that right upon 
the Attorney General by law. 

Mr. Clayton. I have here references to the statutes covering the subject, 
which are as follows : 

CITATIONS IN RE AUTHORITY OF DEPARTMENT OF JUSTICE. 

"Sec. 346 (R. S.). There shall be at the seat of government an executive depart- 
ment to be known as the Department of Justice, an Attorney General, who shall be 
the head thereof." (Act of Sept. 24, 1789, chap. 20, 1 Stat. L., 92; act of June 22, 
1870, chap. 150, 16 Stat. L., 162.) 

"Sec. 161 (R. S.). The head of each department is authorized to prescribe regula- 
tions, not inconsistant wich law, for the government of his department, the conduct 
of its officers and clerks, the distribution and performance of its business, and the 
custody, use, and preservation of the records, papers, and property appertaining to it." 
(Act of July 27, 1789, chap. 4, 1 Stat. L., 28; act of Sept. 15, 1789, chap. 14, 1 Stat. L., 
•68; act of Aug. 7, 1789, chap. 7, 1 Stat. L., 49; act of Sept. 2, 1789, chap. 12, 1 Stat. L., 
65; act of JuneS, 1872, chap. 335, 17 Stat. L., 283; act of Apr. 30, 1798, chap. 35, 1 Stat. 
L., 553; act of June 22, 1870, chap. 150, 16 Stat. L., 163; act of Mar. 3, 1849, chap. 108, 
9 Stat. L., 395.) 

regulations become a part of the law. 

In United States v Barows (1869), 1 Abb. (U. S.), 351; 24 Fed. Cas., No. 14529, it 
was held that a regulation of the Treasury Department properly promulgated be- 
comes a part of the law. Regulations when properly promulgated are the action of the 
President and have the effect of a statute. (7 Op. Atty. Gen., 453; 10 Op. Atty. Gen., 
171; Wilcox v. Jackson, 13 Pet., 513; U. S. v. Elison, 16 Pet., 302; Confiscation cases, 
20 Wall., 92; U. S. v. Farden, 99 U. S., 19; Wolsley v. Chapman, 101 U. S., 769; 
Runkle v. U. S., 122 U. S., 557; U. S. v. Fletcher, 148 U. S., 89.) 



14 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 

"Sec. 362 (R. S.). The Attorney General shall exercise general superintendence 
and direction over attorneys and marshals of all the districts in the United States and 
the Territories * * *." (Act of Aug. 2, 1861, chap. 37, 12 Stat. L., 285; act of June 
22, 1870, chap. 150, 16 Stat. L., 164.) 

"Sec 368 (R. S.). The Attorney General shall exercise general supervisory powers 
over the accounts of district attorneys, marshals, clerks, and other officers of the 
courts of the United States." (Act June 22, 1870, chap. 150, 16 Stat. L., 164.) 

" Sec. 369 (R. S.). The Attorney General shall sign all requisitions for the advance 
or payment of moneys appropriated for the Department of Justice out of the Treasury, 
subject to the same control as is exercised on like estimates or accounts by the First 
Auditor or First Comptroller of the Treasury." (Act June 22, 1870, chap. 150, 16 
Stat. L., 164.) 

PUBLIC PRINTING. 

Section 87 of the act of January 12, 1895, is as follows: 

"Sec. 87. All printing, binding, and blank books for the Senate or House of Repre- 
sentatives and_for the executive and judicial departments shall be done at the Gov- 
ernment Printing Office, except in cases otherwise provided by law." (28 Stat. L., 
622.) 

"Sec 97. All blanks and letterheads for use of the judges and other officials of the 
United States courts other than such as are required to be paid for by any of these 
officers out of the emoluments of their offices shall be printed at the Government 
Printing Office upon forms prescribed by the Department of Justice, and shall be 
distributed by it upon requisition." (28 Stat. L., 624.) 

There are given the statutes showing that in this matter of supplies 
it is all provided for that the Attorney General can control that now. 

Mr. Sterling. Does he do it? 

Mr. Keatley. May I make a statement here ? The practice in the 
department at present is this: The regulations that they issue to 
clerks of the United States courts provide that you can buy nothing 
for your office in excess of the sum of $10 without first having written 
authority over the signature of the Attorney General of the United 
States. Those expenditures are audited by the Attorney General even 
when under $10, and are subject to disallowance by the auditor if 
not considered a proper expense. Those things are all covered by 
the present statute. They have been doing that for the past 60 years. 
If I had the regulations of the department, which we usually call 
the " Blue Book," it would show those regulations. 

The Chairman. Let me ask you, for the benefit of the committee, 
to get that book of regulations and put into the hearings right at 
this point the law and the regulations in respect to the purchase of 
supplies. 

Mr. Keatley. I will do so. I can get one from the department. 
The regulations referred to are as follows : 

BULKS AND REGULATIONS OF THE DEPARTMENT OF JUSTICE IN EE BOOKS, SUPPLIES, 
ETC., FOR CLERKS OF UNITED STATES COURTS. 

Paragraph 906. Books for use of a clerk of a circuit or district court, in re- 
cording tlie proceedings of the courts, may be purchased by tlie marshal upon 
receipt of authority from the Attorney General. 

Paragraph 907. The applications must state the character of the books, etc., 
aud be accompanied by a statement of the judge that they are needed, etc. 

Paragraph 908. Separate requests should be submitted by clerks for authority 
to purchase any books which may be needed other than the court records. 

Paragraph 909. If the proposed expenditure, the total amount of which must 
be stated in every instance, is in excess of $10, bids from two or more promi- 
nent dealers must accompany the application. 

Paragraph 1284. Repeats the above and cautions clerks to obey the same. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 15 

Paragraph 1286. Application must be made to print court calendars, accom- 
panied by bids, etc., and no such expense incurred without first obtaining 
authority. 

Paragraph 1239. All official letters must be filed. 

Paragraph 1379. Reasonable expenditures necessary for the transaction of 
the business of the clerk's office will be allowed if authorized for rent of office, 
furniture for the same, clerk hire, etc., and reference should be made to date 
of authority. 

Paragraph 13S0. Charges for clerk hire not previously authorized are subject 
to disallowance. 

Paragraph 1411. Articles purchased by clerks from their official emoluments 
are the property of the Government and must be turned over to their suc- 
cessors in office. 

The above references are to the paragraphs of the " Rules and Regulations 
of the Department of Justice." 

Sec. 161, R. S. The head of each department is authorized to prescribe 
regulations, not inconsistent with law, for the government of his department. 

In United States v. Barrows, 1 Abb. 351, it was held that a regulation pro- 
mulgated in conformity with an act becomes a part of the law. 

Regulations of executive departments are the acts of the President and 
when promulgated have the force and effect of statute law. (See Wilcox v. 
Jackson, 13 Pet. (U. S.) 513; Wolsley v. Chapman, 101 U. S., 769; Runkle v. 
United States, 122 U. S., 557; United States v. Fletcher, 148 U. S., 89.) 

Mr. Sterling. If the department approves it, they give the clerk 
credit for that amount in his report ? 

Mr. Keatley. Yes, sir; every six months. We make a report 
every six months showing in detail every case, and wheAit is not 
in a case the name and amount of every fee earned, and with it the 
receipted bills for any expenses authorized by the Department of 
Justice, or if under $10, incurred on the responsibility of the clerk, 
at his own risk. 

The Chairman. Evidently the Attorney General takes the same 
view of it that I have taken, because I have submitted, as you will 
see by this correspondence, a draft of this bill to him, and nobody 
ever thought of putting such a provision in this bill except Capt. 
Glover. I think if you read the whole colloquy that he confessed 
his error as soon as his attention was called to the letter. I think 
this publication that Mr. Keatley has referred to will show anybody 
that it is already provided for. However, if anyone should think 
to the contrary, there will be no objection to amending the bill so as 
to take care of it, but I think it is already taken care of in the law. 

Mr. Higgins. May I ask Mr. Keatley a question ? 

Mr. Keatley. Certainly. 

Mr. Higgins. In the tables presented by Mr. Keatley there ap- 
pears one headed, " Compensation actually received by clerks of the 
United States courts for the year 1911." Now, it is my under'stand- 
ing that for the year 1911 the circuit courts were still in existence. 

Mr. Keatley. That is correct. 

Mr. Higgins. The district courts, of course, were — and that the 
maximum salary allowed to the clerk of each of those courts was 
$3,500. But in this statement it appears that the compensation 
there in most instances, not all, was in excess of $3,500. Does that 
mean that the clerks received for themselves, without any draw- 
backs or accounting, for their own compensation the amounts that 
appear in that column? 

Mr. Keatley. Yes, sir ; in this statement entitled " Compensation 
actually received by clerks of United States courts for the year 



16 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

1911," the amounts opposite each of the districts is the actual amount 
that the clerk kept for his personal use after all expenses and charges 
were paid from the fees of his office. 

Mr. Higgins. Now that we have abolished the United States cir- 
cuit courts, and, of course, the clerks, what effect does that have 
upon the figures that appear in that table that you have cited? 

Mr. Keatley. It reduces the compensation of every one of those 
clerks to a flat $3,500 per annum in fees. 

Mr. Sterling. As the law now stands? 

Mr. Keatley. Yes, sir. 

Mr. Higgins. Now, are we to understand that instead of the fig- 
ures that appear in this table, the real fact is that the compensation 
in all the districts is $3,500? 

Mr. Keatley. That is it, exactly. 

Mr. Higgins. And that is all the clerks receive now ? 

Mr. Davis. Or less, if they do not earn it. 

Mr. Keatley. I think you will find that there is one district that 
is under $3,500; I think that was the district of Vermont — $3,100. 
That is probably the only one. 

The Chairman. No; the southern district of Alabama was 
$3487.20, and the middle district was $3,358.82. 

Mr. Keatley. Alabama southern, Alabama middle, and Vermont 
were less than $3,500. 

Mr. Sterling. Now, Mr. Keatley, do you think that the income of 
the district clerk's office will be as much as it was in both offices 
before ? 

Mr. Keatley. I think, sir, it will be more. 

Mr. Sterling. Do you think it will be more? 

Mr. Keatley. I think it will increase every year. That is the his- 
tory of litigation. 

Mr. Sterling. The consolidation of the work would not increase it ? 

Mr. Keatley. Not necessarily, but I think the litigation is increas- 
ing in the Federal courts all the time. 

Mr. Sterling. Assuming that the litigation would be just the same 
this year in the district as it was last year in both courts, would the 
fees be just the same? 

Mr. Keatley. I think there would be very little difference. 

Mr. Sterling. In some cases wouldn't there be duplication? 

Mr. Keatley. There would be very little difference, and for this 
reason : Under the system which has prevailed and the statute which 
provided the fees for clerks the clerks were allowed one item of $5 
a day for attendance upon the court. The law was that a clerk who 
served in both courts could only collect one per diem. Practically 
64 per cent of the clerkships in 'the United States were held by one 
and the same man. There would be that one reduction on account of 
the per diem, but that would be about all. 

Mr. Davis. I suppose there might be some reduction in a venire 
of juries? 

Mr. Keatley. That might be the case. Where the same man is 
clerk for both courts, the jury may be drawn in either court, and it 
may be used interchangeably. The same jury may act in both courts. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 17 

Mr. Higgins. Let me ask you if it is a fair assumption that the 
difference between the figures, which appear in the leaflet entitled 
" Compensation actually received by clerks in United States courts 
for the year 1911," is a result — that is, the reduction from the figures 
there to $3,500 — is a direct result of the action of Congress in abolish- 
ing the circuit courts? 

Mr. Keatley. Yes, sir. 

Mr. Higgins. And the difference between the figures that appear 
there and $3,500 is the fees which the clerks of the circuit courts re- 
ceived ? 

Mr. Keatley. Yes, sir; practically. 

Mr. Dupre. In the leaflet entitled " Gross earnings of clerks of 
United States courts," the Attorney General states that certain 
clerks were authorized to charge double fees. Will you state for my 
information exactly what that meant? 

Mr. Keatley. In the several districts which are mentioned in that 
communication of the Attorney General, a peculiar condition has 
arisen by the enactment of various statutes. It started in the State 
of Oregon, and it was provided by those statutes that United States 
district and circuit court clerks, United States marshals, jurors, and 
witnesses should be paid double compensation in those various 
Western States. 

Mr. Steeling. What was the reason for that? 

Mr. Keatley. I have tried to find out, but I have never been able 
to ascertain, except the fact that the population was scattered, travel 
was expensive. They allowed witnesses and jurors 10 cents a mile 
going to and returning from courts. They allowed jurors $6 a day 
and witnesses $3 a day. Living expenses were high, and there may 
have been other local conditions. 

Mr. Dupre. Does the proposed bill change that? 

Mr. Keatley. No, sir ; this does not touch that subject. It would 
take extensive investigation to arrive at the necessary facts. 

Mr. Sterling. I do not understand that this bill continues to 
give them — oh, the fees, you mean? 

Mr. Keatley. Yes, sir. 

Mr. Sterling. But the clerk will be on the same basis? 

Mr. Keatley. He will be on a flat salary, as you will see in section 
1. Section 1 provides that " all fees and emoluments authorized by 
law to be paid to clerks in the United States district courts shall be 
charged as heretofore and shall be collected as far as possible and 
by said clerks covered into the Treasury of the United States,. and 
said clerks shall be paid for their official services, salaries, and com- 
pensation hereinafter provided, and not otherwise: Provided, That 
this section shall not be construed to require or authorize fees to be 
charged against or collected from the United States." 

Mr. Higgins. What is the process now, Mr. Keatley, in the matter 
of compensation? Does the clerk retain it, or does he remit to the 
Department of Justice, and then receive his salary back? 

Mr. Keatley. He retains it and then covers into the Treasury any 

excess which may remain in his hands, after the first days of January 

and July, over and above the maximum amount, subject to audit by 

the Attorney General and to reaudit by the Auditor for the State 

H. Rept. 425, 62-2 2 



18 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

and Other Departments. It has been decided that there is no lia- 
bility on the clerk 

The Chairman. Can you give the title and volume of that case? 

Mr. Keatley. It is Butler against The United States; I do not 
know the volume and page. It came about through the indictment 
of a clerk in one of the New England States — I think, in Massa- 
chusetts — for embezzlement. He declined to make and accounting 
for certain sums of money in his hands, but the audit had not been 
made, and the court held that until the audit was made no liability 
existed ; that he was simply a trustee — which, I take it, is sound law. 

Mr. Dupre. The proposed bill would provide for a change in that 
condition ? 

Mr. Keatley. Yes, sir. The bill provides in section 7, " Clerks of the 
United States district courts shall quarterly, on the 1st days of Janu- 
ary, April, July, and October of each year, or within 20 days there- 
after, make a return to the Attorney General, in such form as he may 
prescribe, of all fees and emoluments collected by him during the pre- 
ceding quarter, and shall deposit the amount so reported to the credit 
of the Treasurer of -the United States in the manner provided by 
law." 

Mr. Higgins. That is, the}*- are to remit to the Department of Jus- 
tice all their fees, and receive their salary? 

Mr. Keatley. The practice is not to remit it to the Department of 
Justice, but to deposit it in some designated depository of the United 
States to the credit of the Treasurer. 

Mr. Norris. I would like to ask you, Mr. Keatley, if you could give 
us any information as to how common the custom is of judges ap- 
pointing the clerks as masters, etc., and in such case do they make any 
accounting of those fees ? 

Mr. Keatley. I do not know. I only know to a certainty what the 
practice is in my own district. I have been a clerk for 13 years, and 
nave never been a master or held any other position. Our judge is 
greatly opposed to it. 

Mr. Norris. There are some districts where it is a common practice. 

Mr. Keatley. I understand that in the larger cities it is the com- 
mon practice. It is done in New York and Chicago. 

Mr. Norris. I want to suggest to you, would it not be a good thing 
to prohibit that kind of thing and do it in this bill ? 

Mr. Keatley. That is prohibited by the new judicial code. 

Mr. Norris. I believe that is so. 

Mr. Higgins. Does that also apply to assistant clerks of the court ? 

Mr. Keatley. I think it does, but I know it applies to the clerks. 
I think I have it here. I should think, unquestionably, that if it 
applied to the principal it would apply to his deputy. I do not 
think there is any question about that as a legal proposition. I do 
not find that, but I know that it is here, because it has existed always 
in the law, but it was made stronger in this judicial code and made 
positive; that was the only difference. 

Mr. Norris. If it existed, it was violated. 

Mr. Keatley. I know it has been. 

The Chairman. You may put that into the record here. 

Mr. Keatley. I will do so. 



COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 19 

The law referred to is as follows : 

No clerk or deputy clerk of a United States district court shall be appointed 
receiver or master in any case. * * * (Sec. 6S, Judicial Code.) 

The Chairman. I want to bring, in an idea in connection with the 
one that was suggested some time ago. You stated as to the earnings 
of the clerks of courts, and you gave the average for the three years, 
1909, 1910, and 1911. Now, what did vou say that average was? 

Mr. Keatley. $1,068,658.56. 

Mr. Higgins. That is the total given in the pamphlet that you and 
I have discussed? 

Mr. Keatley. Yes, sir. 

The Chairman. Out of that they retained how much, under the 
old fee system where they had two clerkships in each court, a circuit 
clerk and a district clerk? 

Mr. Keatley. I have made some calculations on a little different 
basis which, I think,- if you will permit me to explain, will answer the 
question. Of this major amount, which I have just mentioned, 
$311,304.40 was paid by the United States Government for services 
to clerks. Of course, it is understood we charge against the Govern- 
ment just the same as we would against you as individuals. There 
was paid to clerks of courts by individuals, firms, and corporations 
an annual average of $757,346.16. Now, in this connection laesire to 
call the committee's attention to one thing. The salaries provided in 
the bill before you are those approved and recommended by the De- 
partment of Justice. I think I violate no confidence in so saying. As 
suggested by the Attorney General, the total of these salaries to be 
paid to clerks would be $337,000. Deducting that from the amount that 
is paid by individuals and corporations alone, there is a balance of 
$420,346.16. You will therefore note that if the clerks should be 
placed upon a salary, as indicated here, they will cover into the Treas- 
ury of the United States every year over and above their salaries 
$420,440.15 and render the services for the Government gratis. 

Mr. Sterling. Will the bill provide for that? 

Mr. Keatley. Entirely; that is all abolished. 

Mr. Sterling. It is not in this bill? 

Mr. Keatley. Yes ; section 1 abolishes the whole fee system. 

Mr. Sterling. As I understand vou now, the Government pays 
$311,000 a year? 

Mr. Keatley. $311,000 a year; yes, sir. 

Mr. Sterling. Now, this bill does not eliminate those payments 
by the Government, does it? 

Mr. Keatley. Absolutely. 

Mr. Higgins. This is the language: "Provided, That this section 
shall not be construed to require or authorize fees to be charged 
against or collected from the United States." That is on the first 
page of the bill, lines 10, 11, and 12. 

Mr. Keatley. And that is an exact copy of the language in the 
statute which put marshals and district attorne3 7 s upon salaries. 

Mr. Higgins. Do you base that saving of $435,000 upon conditions 
as they are now, with the clerkships of the circuit courts abolished ? 

Mr. Keatley. Yes, sir. 



20 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 

Mr. Higgins. And not upon the conditions that appear in this 
document here? 

Mr. Keatley. No, sir; upon the conditions as they appear in that 
document; but, in my judgment, it will be more than that, and I 
will give you my reasons. In this connection the Attorney General 
in one of his communications invited the attention of the committee 
to the fact that there was a large expense to the clerks for the pay 
of clerical assistance and deputies, and he estimates that — and he 
has been more than liberal — at a total sum of $447,100. That would 
be the additional expense of running the clerk's offices in the United 
States. Now, if you will add that to the $337,000 provided in this 
bill, you will get $784,100, which is $13,246.16 less than the com- 
pensation actually paid in every year by individuals and corpora- 
tions, so that the public, the litigants in the Federal courts, if this 
bill should be enacted into law, will pay all the expense of the 
clerks' offices, pay all the costs of the Government's litigation, so 
far as the clerks' offices are concerned, and leave the Government 
$350,000. 

Mr. Sterling. Including deputies and all? 

Mr. Keatley. Yes, sir; and I assure you that within five years 
the income in fees from the offices of clerks of the United States 
courts will not only do that, but will almost pay the salaries of 
Federal judges. The only record I can find of the amounts paid in 
the past year by clerks is a statement in the receiving officer's ac- 
count of the Auditor for the State and Other Departments, which 
shows that for 1911 over $96,000 was paid into the Treasury as 
judicial emoluments under the old system. Take, for example, New 
York. After deducting the clerks' fees, he turned in several thou- 
sand dollars to the Treasury of the United States. 

Mr. Davis. Don't you think also that the accounting features of 
this bill will tend to increase the amounts turned over? 

Mr. Keatley. I think so, because I will tell you very candidly 
that if this bill becomes a law there will be a rule adopted in the 
district which I represent requiring every man to make deposits in 
the clerk's office before he brings suit 

Mr. Norris. If that were done everywhere it would be fine, of 
course, but would there be any danger, if we passed this bill, of a 
lack of energy on the part of the clerks to collect the costs and fees? 

Mr. Keatley. I can only answer that, Mr. Norris, by making this 
statement. I have had 11 years' experience with the Department of 
Justice. Their regulations are very rigid ; they are very strict. My 
idea is that under the terms of this bill a clerk of a court will be 
liable upon his bond for every dollar of fees that he does not collect. 

Mr. Norris. Would that be just ? There might be instances where 
that would not be fair. 

The Chairman. That would be merely presumptive, and the At- 
torney general and the accounting officers, I think, Judge Norris, 
would take into consideration the whole matter in deciding whether 
he ought to be charged with it or not. 

Mr. Keatley. They charge us with it now. I am charged with 
every dollar of fees. 

Mr. Sterling. Is that the rule of the department ? 



COMPENSATION" FOR CLERKS OE UNITED STATES COURTS. 21 

( Mr. Keatley. The absolute rule, and it is the law at the present 
time. 

The Chairman. I do not think this bill changes the law in that 
respect. 

Mr. Keatley. Not in the slightest. 

Mr. Higgins. Have you considered whether or not in this bill to 
direct that the judges of the district court should establish rules re- 
quiring advance payment of fees? 

Mr. Keatley. Well, I don't know. The Department of Justice 
has always held us liable under the law up to the present. We have 
such a rule in our district, but the clerk exercises his discretion. If 
the man does not look good and is not rated in Bradstreet's or Dun's, 
he does not get any credit. I have a standing arrangement with the 
great legal firms in my district by which I carry their accounts six 
months or a year, and then they write me a check. 

Mr. Higgins. Under your rule, can you refuse to enter a case until 
the fees are paid? 

Mr. Keatley. Yes, sir ; we have a statute giving the clerk the right 
to demand a deposit in advance. 

Mr. Sterling. We have a statute allowing persons to sue in forma 
pauperis. 

Mr. Keatley. That has been in force for many years. 

Mr. Sterling. Didn't we change it just two or three years %o? 

Mr. Keatley. I think so. 

The Chairman. In bankruptcy matters, I think, we made some 
change. 

Mr. Keatley. I know they exist, because we administer them every 
day in just that way. 

Mr. Sterling. Mr. Chairman, is it your idea to take up each of 
these cases and consider the amount? 

The Chairman. Yes; that is what I wanted to do with the com- 
mittee. I have not introduced the bill yet, and, as Mr. Keatley 
has said, these amounts which have been written into the bill in ink 
are merely, so far as I am concerned, tentative. However, they are 
the amounts which have met the approval of the Attorney General 
in each case. I might say that I gave to the full committee the other 
day the ideas that I thought ought to enter into consideration when 
we came to determine the amount to be fixed in each case. 

Mr. Norris. In going over it, Mr. Chairman, I noticed that in 
quite a number of instances this salary fixed exceeds the salary of the 
prosecuting attorney. It does in my district. It struck me that un- 
less there was some good reason for it his salary ought not to exceed 
that of the prosecuting attorney. 

The Chairman. Here is what the Attorney General says about 
that. I will ask the stenographer to insert in these hearings at 
this point, so it may be printed in the full hearings, this leaflet, 
entitled " Statement relative to the bill providing for salaries of 
clerks of the United States district courts," in which he has given 
some elements or facts entering into the case of each clerk, beginning 
with the northern district of Alabama. 

The statement referred to follows. 



22 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 

Appendix C. 

Statement Relative to the Bill Providing for Salaries of Clerks 
of the United States District Courts. 

There has been no general legislation in reference to compensation 
of clerks of the United States courts since the act of 1853 (sec. 839, 
R. S. U. S., 10 Stat. L., 166) fixing the maximum at $3,500, a period 
of 59 years. Conditions have vastly changed since the original act 
was passed and a readjustment is imperative. By the act of May 28, 
1896, United States attorneys and marshals were placed upon salaries 
and the fees arising from these offices have been covered into the 
Treasury. This bill is framed upon similar lines, and is in harmony 
with modern tendencies, meeting with unanimous approval of judges 
and executive officers. 

The salaries provided have been based upon several elements and 
all phases of the matter carefully considered. 

First. The number of places of holding court and the number of 
offices maintained by each clerk. There are 391 separate offices in 
the several districts in charge of clerks. The marshals and district 
attorneys maintain one office in each district of the United States, or 
79 in all. 

Second. The volume of business in each district, both civil and 
criminal, as shown by the official reports of the Attorney General. 

Third. The salaries now paid to United States attorneys and 
marshals in the several districts. 

Fourth. The net amount each clerk has been paid for his services 
annually under the fee system. 

Fifth. The population, progress, and development of the several 
districts and their future possibilities. 

Sixth. The fact that many clerks are lawyers and under section 273 
of the judicial code are prohibited from practicing in the courts. 

Seventh. The revenue-producing qualities of the several districts. 
The reports of the Attorney General show that the clerks will collect 
and pay into the Treasury of the United States annually, after 
deducting the total amount to be paid in salaries under this bill, 
the sum of $415,346.16, which is an average based upon the receipts 
for the past three years and increasing steadily. This amount 
represents the collections exclusively from individuals and corpora- 
tions and the United States will receive the services of the clerks 
gratis. 

Eighth. The various duties of the clerks and the economy incident 
to capable executive ability in the clerk's office. 

districts. 

Alabama, northern. — This is one of the largest districts in the 
United States, courts being held at seven places, and the clerk 
maintaining an office at each. There are two district judges in this 
district. The clerk's office collects annually over $20,000 in fees, 
and there were pending upon the dockets of the court on July 1, 
1911, 2,556 civil and criminal cases of which 1,790 were proceedings in 



COMPENSATION" FOR CLERKS OF UNITED STATES COURTS. 23 

bankruptcy. The territory embraced in this district is in one of 
the most populous and rapidly developing sections of the United 
States, and the business of the courts is increasing rapidly. Popula- 
tion, 1,037,123. Clerk was paid $7,000 in 1911; attorney's salary. 
$4,000; marshal's salary, $4,000. 

Alabama, middle. — This district is of considerably less importance 
than the northern and courts are held at two places, the clerk main- 
taining an office at each. There were pending upon the dockets 
July 1, 1911, 192 cases, civil and criminal, and the total collections 
amount to about $6,500 annually. The volume of business has varied 
little for several years. Population, 684,298. Clerk was paid 
$3,358.82 in 1911 ; attorney's salary, $4,000; marshal's salary, $4,000. 

Alabama, southern. — There are two places of holding court and two 
offices maintained by the clerk, the total collections are about $6,000 
annually, and there were pending July 1, 1911, 420 civil and criminal 
cases and the volume of business appears to be about the same from 
year to year. Population, 416,672. Clerk was paid $3,487.20 in 
1911; attorney's salary, $3,000; marshal's salary, $3,000. 

Alaska. — The clerks in Alaska are on a salary basis at this time, 
the amount paid being $3,500 per annum to each clerk and there are 
four divisions in the territory with a clerk in each, making total 
salaries for Alaska $14,000. The total volume of business for the 
four divisions shows that on July 1, 1911, there were pendmg 661 
civil and criminal cases. Population of the whole territory o4,356. 
Each of the district judges receives a salary of $7,500 per annum. 
Clerks were paid $3,500 each in 1911; attorney's salary, $5,000; 
marshal's salan^, $4,000. 

Arizona. — Previous to admission as a State the Territory had five 
district clerks, each entitled to charge double fees and to retain 
double maximum, and there were five places of holding court. Under 
the act creating the State but one place of holding court is provided 
at the capitol. There were pending in the entire Territory on July 
1, 1911, 109 civil and criminal cases and the volume of business 
appears to change but little from year to year. The report of the 
attorney general for 1911, shows about $12,000 paid out to clerks 
for fees, the statistics for indiyiduals and corporations not being 
given. Population, 204,354. Clerks were paid $15,102.65 in 1911; 
attorney's salary, $4,000; marshal's salary, $4,000. 

Arkansas, eastern. — There are four places of holding court and four 
offices maintained by the clerk, there being collected annually about 
$11,500, and there were pendmg July 1, 1911, 445 civil and criminal 
cases. The volume of business increasing but little from year to year. 
Population, 986,380. Clerk was paid $7,000 in 1911; attorney's 
salary, $4,000; marshal's salary, $4,000. 

Arkansas, western,. — There are three places of holding court and 
three offices maintained by the clerk, there being collected annually 
about $8,900, and on July 1, 1911, 317 civil and criminal cases were 
pending. The volume of business is increasing. Population. 
588,069. Clerk was paid $6,850.83 in 1911 ; attorney's salary, $5,000 ; 
marshal's salary, $5,000. 

California, northern. — This is one of the double fee and double 
maximum districts, there being three places of holding court and three 



24 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

offices maintained by the clerk. Total collections of the clerk are 
about $26,000 annually, and there were pending July 1, 1911, 4,935 
civil and criminal cases, and the business remains about the same 
from year to year. The population, 1,407,368. Clerk was paid 
$13,035.26 in 1911; attorney's salary, $4,500; marshal's salary, 
$4,000. 

California^ southern. — This is one of the double fee and double 
maximum districts. There are three places of holding court and 
three offices maintained by the clerk, the total collections are about 
$21,000 annually, and there were pending July 1, 1911, 671 cases, 
civil and criminal, the volume of business remaining about the same 
from year to year. Population, 970,181. Clerk was paid $13,703.82 
in 1911; attorney's salary, $4,000; marshal's salary, $4,000. 

Colorado. — There are three places of holding court and three offices 
maintained by the clerk, the annual collections are about $15,500, 
and the business has been increasing steadily. There were pending 
July 1, 1911, 559 civil and criminal cases. Population, 213,831. 
Clerk was paid $7,000 in 1911; attorney's salary, $4,000; marshal's 
salary, $4,000. 

Connecticut. — There are two places of holding court and 'two offices 
maintained by the clerk, the total annual collections being about 
$6,600. There were pending July 1, 1911, 804 civil and criminal 
cases, and the business appears to be increasing slightly from year to 
year. Population, 1,114,756. Clerk was paid $4,939.60 in 1911; 
attorney's salary, $2,500; marshal's salary, $2,000. 

Delaware. — There is one place of holding court and one office main- 
tained by the clerk, the total annual collections being about $4,000 
and the total number of cases pending July 1, 191.1, both civil and 
criminal, 208. The business seems to vary but little from year to year. 
Population, 202,322. Clerk was paid $3,917.82 in 1911; attorney's 
salary, $2,000; marshal's salary, $2,000. 

Florida, northern. — There are four places of holding court and four 
offices maintained by the clerk, and the annual collections are about 
$6,000, the total number of cases, civil and criminal, pending July 1, 
1911, 306; the business seems to be about the same from year to year. 
Population, 266,649. Clerk was paid $4,947.92 in 1911-; attorney's 
salary, $3,500; marshal's salary, $3,500. 

Florida, southern. — There are six places of holding court and six 
offices maintained by the clerk, the total collections being about 
$10,000 annually, and there were pending July 1, 1911, 409 civil and 
criminal cases, and the business seems to be about the same from year 
to year. Population, 485,970. Clerk was paid $6,264.86 in 1911; 
attorney's salary, $3,500; marshal's salary, $3,500. 

Georgia, northern. — There are four places of holding court and four 
offices maintained by the clerk, the total collections are about 
$21,000 annually and show about the same volume for some years, the 
civil and criminal cases pending July 1, 1911, 1,441. Population, 
1,254,328. Clerk was paid $7,000 in 1911 ; attorney's salary, $5,000; 
marshal's salary, $5,000. 

Georgia, southern. — There are five places of holding court and five 
offices maintained by the clerk, the collections are about $11,000 
annually, and there were 443 civil and criminal cases pending July 1 , 
1911; the business appears to be about the same volume from year to 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 20 

year. Population, 1,354,793. Clerk was paid $4,412.69 in 1911; 
attorney's salary, $3,500; marshal's salary, $3,500. 

Idaho. — This is a double fee and double maximum district, with 
four places of holding court and four offices maintained by the clerk ; 
and the annual collections are about $8,700, and there were 362 
civil and criminal cases pending July 1, 1911. The business in this 
district shows a steady increase. Population, 325,594. Clerk was 
paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
$4,000. 

Illinois, northern. — This is the second largest district in the United 
States in respect to the volume of business transacted. There are 
two places of holding court and two offices maintained by the clerk, 
and the annual collections are about $47,000, and on July 1, 1911, 
there were pending 3,149 civil and criminal cases; the business 
increasing steadily from year to year. Population, 3,107,261. Clerk 
was paid $6,500 in 1911 (district clerk's salary, $3,000; circuit clerks' 
fees, $3,500); attorney's salary, $10,000; marshal's salary, $5,000. 

Illinois, southern. — There are three places of holding court and 
three offices maintained by the clerk, the collections being about 
$9,800 annually, and there were pending July 1, 1911, 587 civil and 
criminal cases, and the business appears to be about the same each 
year. Population, 2,335,969. Clerk was paid $5,736.42 in 1911; 
attorney's salary, $5,000; marshal's salary, $4,500. v 

Illinois, eastern. — There are three places of holding court, ana three 
offices maintained by the clerk, and the collections are about $9,100 
per annum; there were pending July 1, 1911, 574 cases, and the 
business seems to be about the same from year to year. Population, 
1,195,361. Clerk was paid $5,886.74 in 1911; attorney's salary, 
$5,000; marshal's salary, $4,500. 

Indiana. — There are five places of holding court, and rive offices 
maintained by the clerk, the collections being about $15,600 annually, 
and on July I, 1911, 469 civil and criminal cases were pending. The 
business seems about the same from year to vear. Population, 
2,700,876. Clerk was paid $7,000 in 1911; attorney's salary, $5,000; 
marshal's salary, $4,500. 

Iowa, northern. — There are five places of holding court and rive 
offices maintained by the clerk, the collections being about $7,500 
annually, and there were pending July 1, 1911, 345 cases civil and 
criminal, and the business appears to be about the same from year to 
year. Population, 1,058,101. Clerk was paid $4,883.51 in 1911; 
attorney's salary, $4,500; marshal's salary, $4,000.. 

Iowa, southern. — There are six places of holding court and .six 
offices maintained by the clerk, the total annual collections being 
about $10,900; there were pending July 1, 1911, 332 civil and criminal 
cases, and the business appears to be increasing from year to year„ 
Population, 1,166,949. Clerk was paid $7,000 in 1911: attorney's 
salary, $4,500; marshal's salary, $4,000. 

Kansas. — There are five places of holding court, and five offices 
maintained by the clerk, the total annual collections being about 
$18,200; there were pending July 1, 1911, 627 civil and criminal cases, 
and the business is increasing from year to year. Population, 
1,690,949. Clerk was paid $7,000 in 1911; attorney's salary, $4,500 '; 
marshal's salary, $4,000. 



26 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 

Kentucky, eastern. — Previous to January 1, 1912, there were six 
circuit and six district clerkships in this district, each entitled to earn 
S3, 500 per annum, or $42,000 for the entire district. There are six 
places of holding court, and six offices maintained by the clerk, the 
total annual collections being about $17,000; there were pending July 
1, 1911, 815 civil and criminal cases, and the business is increasing 
steadily. Population, 1,118,343. Clerk was paid $10,148.97 in 1911 ; 
attorney's salary, $5,000; marshal's salary, $5,000. 

Kentucky, western. — Previous to January 1, 1912, there were four 
circuit and four district clerkships in the district, each entitled to 
earn $3,500 per annum, or $28,000 for the entire district. There are 
four places of holding court and four offices maintained hj the clerk, 
the total annual collections being about $15,000. There were pending 
July 1. 1911, 704 civil and criminal cases, and business seems to be 
increasing slightly. Population, 1,171,562. Clerk was paid $10,907.65 
in 1911; attorney's salary, $5,000; marshal's salary, $5,000. 

Louisiana, eastern. — There are two places of holding court and two 
offices maintained by the clerk, the total annual collections being 
a.bout $20,000. There were pending July 1, 1911, 891 civil and crimi- 
nal cases, and the business has been increasing yearly. Population, 
827,478. Clerk was paid $7,000 in 1911; attorney's salary, $3,500; 
marshal's salary, $4,000. 

Louisiana, western. — There are five places of holding court and five 
offices maintained by the clerk, total annual collections being about 
$8,300. There were pending July 1, 1911, 752 civil and criminal cases, 
and the business is increasing. Population, 828,910. Clerk was paid 
$7,000 in 1911; attorney's salary, $2,500; marshal's salary, $2,500. 

Maine. — There are three places of holding court and three offices 
maintained by the clerk; total annual collections about $11,000, and 
the business is increasing; there were pending Jury 1, 1911, 1,073 
civil and criminal cases. Population, 742,371. Clerk was paid 
$7,000 in 1911; attorney's salary, $3,000; marshal's salary, $3,000. 

Maryland. — There are two places of holding court and two offices 
maintained by- the clerk, the total annual collections being about 
$8,800; there were pending July 1, 1911, 747 civil and criminal cases 
and the business has been increasing slightly. Population 1,295,346. 
Clerk was paid $5,644.01 in 1911 ; attorney's salary, $4,000: marshal's 
salary, $3,500. 

Massachusetts. — This is one of the largest districts, there being two 
places of holding court and two offices maintained by the clerk, the 
total annual collections being about $30,500; there were pending 
July 1, 1911, 3,189 civil and criminal cases, and the business increases 
steadily. Population 3,366,416. Clerk was paid $7,000 in 1911; 
attorney's salary, $5,000; marshal's salary, $5,000. 

Michigan, eastern. — There are three places of holding court and 
three offices maintained by the clerk, the total annual collections 
being about $8,700; there were pending July 1, 1911, 558 civil and 
criminal cases and the business is increasing. Population 1,621,270. 
Clerk was paid $6,749.39 in 1911 ; attorney's salary, $4,000; marshal's 
salary.. $4,000. 

Michigan, western. — There are six places of holding court and six 
offices maintained by the clerk, the total annual collections being 
about $8,200; there were pending July 1, 1911, 1,590 civil and crimi- 
nal cases, and the business remains about the same from }^ear to year. 



COMPENSATION" FOE CLERKS OF UNITED STATES COURTS. 27 

Population, 1.188.903. Clerk was paid $6,246.28 in 1911; attorneys' 
salary, $4,000; marshal's salary, $4,000. 

Minnesota. — There are six places of holding court and six offices 
maintained by the clerk; the total annual collections are about 
$24,200; there were pending July 1, 1911, 2,011 civil and criminal 
cases, and the business is increasing steadily. Population, 2,075,708. 
Clerk was paid $7,000 in 1911; attorney's salary, $4,000; marshal's 
salary, $4,000. 

Mississippi, northern. — There are three places of holding court and 
three offices maintained by the clerk, the total annual collections 
being about $7,400, and business has decreased slightly in past 
three years; there were pending Julv 1, 1911, 525 civil and criminal 
cases. Population, 671,092. Clerk was paid $5,348.72 in 1911; 
attorney's salary, $3,500; marshal's salary, $3,500. 

Mississippi, southern. — There are four places of holding court and 
four offices maintained by the clerk, the total annual collections being 
about $11,700; there were pending July 1, 1911, 1,091 civil and crimi- 
nal cases, and the business is about the same from year to year. Pop- 
ulation, 1,126,022. Clerk was paid $6,655.53 in 1911 ; attorney's sal- 
ary, $3,500; marshal's salary, $3,000. 

Missouri, eastern. — There are four places of holding court and four 
offices maintained by the clerk, the total annual collections being 
about $18,600; there were pending July 1, 1911, 596 civil anxi crim- 
inal cases, and the business is steadily increasing. Population, 
1,621,023. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
marshal's salary, $4,000. 

Missouri, western. — There are six places of holding court and six 
offices maintained by the clerk, the total annual collections being 
about $21,000; there were pending July 1, 1911, 656 civil and crim- 
inal cases, and the business is increasing steadily. Population, 
1,672,312. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
marshal's salary, $4,000. 

Montana. — This is a double fee and double maximum district, 
there being five places of holding court and five offices maintained 
by the clerk, the total annual collections being about $13,600; there 
were pending July 1, 1911, 367 civil and criminal cases, and the 
business is increasing each year. Population, 376,053. Clerk was 
paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
$3,500. 

Nebraska. — There are eight places of holding court and eight 
offices maintained by the clerk, the total annual collections being 
about $18,300; there were pending July 1, 1911, 649 civil and crim- 
inal cases, and the business is about the same from year to year. 
Population, 1,192,214. Clerk was paid $7,000 in 1911; attorney's 
salary, $4,000; marshal's salary, $4,000. 

Nevada. — This is a double fee and double maximum district, there 
being but one place of holding court and one office maintained by the 
clerk, the total annual collections being about $5,700. There were 
pending July 1, 1911, 164 civil and criminal cases, and the business is 
increasing slightly each year. Population, SI, 875. Clerk was paid 
$5,053. 25" in 1911; attorney's salary, $3,000; marshal's salary, $2,500. 

New Hampshire. — There are three places of holding court and 
three offices maintained by the clerk, the total annual collections 
being about $4,000. There were pending July 1, 1911, 318 civil and 



28 COMPENSATION FOE CLEEKS OE UNITED STATES COTJETS. 

criminal cases, and the business changes little from year to year. 
Population, 430,572. Clerk was paid $4,020.73 in 1911; attorney's 
salary, $2,000; marshal's salary, $2,000. 

New Jersey. — There are three places of holding court and three 
offices maintained by the clerk, the total annual collections being 
about $28,200. There were pending July 1, 1911, 3,916 civil and crimi- 
nal cases, and the business increases steadily. Population, 2,537,167. 
Clerk was paid $7,000 in 1911; attorney's salary, $3,000; marshal's 
salary, $3,000. 

New Mexico. — This is a double fee and double maximum district, 
and as a Territory there were seven district clerks, each entitled to earn 
$7,000, or $49,000 for the Territory. Under the act creating the State 
one place of holding court is provided at the capital. The total 
annual collections have been about $9,300, practically all paid by the 
United States. There were pending July 1, 1911, 154 civil and crimi- 
nal cases, and the business is about the same from year to year. 
Population, 327,301. Clerks were paid $13,367.47 in 1911 ; attorney's 
salary, $4,000; marshal's salary, $4,000. 

New York, northern. — There are five places of holding court and 
five offices maintained by the clerk, the total annual collections being 
about $9,800. There were pending July 1,1911, 577 civil and criminal 
cases, and the business remains about the same from year to year. 
Population, 1,862,630. Clerk was paid $5,920.96 in 1911; attor- 
ney's salary, $4,500; marshal's salary, $5,000. 

New York, southern. — The largest district in volume of business in 
the United States. There is one place of holding court and one office 
maintained by the clerk, the total annual collections being about 
$57,000. There were pending July 1, 1911, 18,042 civil and criminal 
cases, and the business increases steadily each year. Population, 
3,510,226. Clerk was paid $7,000 in 1911; attorney's salary, $10,000; 
marshal's salary, $5,000. 

-New York, eastern. — There is one place of holding court and one 
office maintained by the clerk, the total annual collections being about 
$16,900. There were pending July 1, 1911, 4,468 civil and criminal 
cases, and the business increasing steadily. Population, 2,184,429. 
Clerk was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
salary, $4,000. 

New York, western. — There are six places of holding court and six 
offices maintained by the clerk, the total annual collections being about 
$10,300. There were pending July 1, 1911, 1,464 civil and criminal 
cases, and the business increases steadily. Population, 1,556,329. 
Clerk was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
salary, $5,000. 

North Carolina, eastern. — There are five places of holding court and 
five offices maintained by the clerk, the total annual collections being 
about $10,600; there were pending July 1,1911, 314 civil and criminal 
cases, and the business is about the same each year. Population, 
1,119,593. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,000; 
marshal's salary, $4,000. 

North Carolina, western. — There are six places of holding court and 
six offices maintained by the clerk, the total annual collections being 
about $15,600; there were pending July 1, 1911,697 civil and criminal 
cases, and the business remains about the same each year. Population, 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 29 

1,086,694. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
marshal's salary, $4,500. 

North Dakota. — This is a double fee and double maximum district, 
there being five places of holding court and five offices maintained by 
the clerk, the total annual collections being about $9,700; there were 
pending July 1, 1911, 294 civil and criminal cases, and the business is 
about the same each year. Population, 577,056. Clerk was paid 
$6,518.22 in 1911; attorney's salary, $4,000; marshal's salary, $4,000. 

Ohio, northern. — There are three places of holding court and three 
offices maintained by the clerk, the total annual collections being 
about $27,200; there were pending July 1, 1911, 1,240 civil and 
criminal cases, and the business remains about the same from year 
to year. Population, 2,405,181. Clerk was paid $7,000 in 1911; 
attorney's salary, $4,500; marshal's salary, $4,000. 

Ohio, southern. — There are three places of holding court and three 
offices maintained by the clerk, the total annual collections being 
about $17,000; there were pending July 1, 1911, 1,069 civil and 
criminal cases, and the business is increasing steadily. Population, 
2,361,940. Clerk was paid $7,000 in 1911; attorney's salary, $4,500; 
marshal's salary, $4,000. 

Oklahoma, eastern. — There are six places of holding court and six 
offices maintained by the clerk, the total annual collections being about 
$14,200; there were pending July 1, 1911, 917 civil and Iriminal 
cases, and the business remains about the same from year to year. 
Population, 834,395. Clerk was paid $7,000 in 1911; attorney's sal- 
ary, $4,000; marshal's salary, $4,000.* 

OMalioma, western. — There are five places of holding court and five 
offices maintained by the clerk, the total annual collections being 
about $13,000 ; there were pending July 1, 1911, 874 civil and criminal 
cases, and the business is increasing. Population, 822,760. Clerk was 
paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
$4,000. 

Oregon. — This is a double fee and double maximum district, there 
being three places of holding court and three offices maintained by 
the clerk, the total annual collections being about $21 ,600; there were 
pending July 1, 1911,. 1,086 civil and criminal cases, and the business 
is steadily increasing. Population, 672,765. Clerk was paid $14,000 
in 1911; attorney's salary, $4,500: marshal's salary, $4,000. 

Pennsylvania, eastern. — There is one place of holding court and one 
office maintained by the clerk, the total annual collections being about 
$22,500; there were pending July 1, 1911, 2,416 civil and criminal 
cases, and business is increasing rapidly. Population, 2,826,891. 
Clerk was paid $7,000 in 1911; attorney's salary, $6,000; marshal's 
salary, $4,000. 

Pennsylvania, middle.; — There are three places of holding court and 
three offices maintained by the clerk, the total annual collections being 
about $10,600; there were pending July 1, 1911, 418 civil and crim- 
inal cases, and the business is about the same each year. Population, 
1,874,310. Clerk wa*s paid $7,000 in 1911; attorney's salary, $4,500; 
marshal's salary, $4,000. 

Pennsylvania, western. — There are two places of holding court and 
two offices maintained by the clerk, the total annual collections being 
about $20,300; there were pending July 1, 1911, 2,576 civil and crim- 
inal cases, and the business is about the same each year. Population, 



30 COMPENSATION EOR CLERKS OF UNITED STATES COURTS. 

2,963,910. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
marshal's salary, $4,000. 

Rhode Island. — There are two places of holding court and two offices 
maintained by the clerk, the total annual collections being about 
$3,800; there were pending July 1, 1911, 385 civil and criminal cases, 
and the business is increasing slightly each year. Population, 542,610. 
Clerk was paid $3,749.14 in 1911 ; attorney's salary, $2,500; marshal's 
salary, $2,000. 

South Carolina. — There are four places of holding court and four 
offices maintained by the clerk, the total annual collections being 
about $7,800; there were pending July 1, 1911, 535 civil and criminal 
cases, and the business remains about the same from year to year. 
Population, 1,525,400. Clerk was paid $5,998.98 in 1911; attornev's 
salary, $4,500; marshal's salary, $4,500. 

South Dakota. — There are four places of holding court and four 
offices maintained by the clerk, the total annual collections being 
about $10,000; there were pending July 1, 1911, 518 civil and criminal 
cases, and the business remains about the same each year. Popula- 
tion, 583,888. Clerk was paid $7,000 in 1911; attorney's salary, 
$4,000; marshal's salary, $4,000. 

Tennessee, eastern. — There are three places of holding court and 
three offices maintained by the clerk, the total annual collections 
being about $9,700; there were pending July 1, 1911, 215 civil and 
criminal cases, and the business remains about the same each year. 
Population, 723,232. Clerk was paid $6,222.59 in 1911; attorney's 
salary, $4,000; marshal's salary, $4,000. 

Tennessee, middle. — There are two places of holding court and two 
offices maintained by the clerk, the total annual collections being 
about $7,300; there were pending July 1, 1911, 386 civil and criminal 
cases, the business remaining about the same each year. Population, 
804,251. Clerk was paid $5,479.66 in 1911; attorney's salary, 
$4,500; marshal's salary, $4,000. 

Tennessee, western.-. — There are two places of holding court and two 
offices maintained by the clerk, the total annual collections being 
about $11,500. There were pending July 1, 1911, 249 civil and crimi- 
nal cases, and the business is increasing steadily. Population, 657,306. 
Clerk was paid $7,000 in 1911; attornev's salary, $4,500; marshal's 
salary, $4,000. 

Texas, northern. — There are five places of holding court and five 
offices maintained by the clerk, the total annual collections being 
about $10,600. There were pending July 1, 1911, 476 civil and 
criminal cases, and the business is increasing steadily each year. 
Population, 1,160,676. Clerk was paid $5,622.95 in 1911; attorney's 
salary, $4,000; marshal's salary, $4,000. 

Texas, southern. — There are five places of holding court and five 
offices maintained by the clerk, the total annual collections being 
about $9,200. There were pending July 1, 1911, 218 civil and crimi- 
nal cases, and the business is increasing steadily. Population, 660,860. 
Clerk was paid $3,814.94 in 1911; attorney's salary, $4,000; mar- 
shal's salary, $4,000. 

Texas, eastern. — There are six places of holding court and six 
offices maintained by the clerk, the total annual collections being 
about $8,900. There were pending July 1, 1911, 409 civil and criminal 
cases, and the business is increasing steadily. Population, 1,004,663. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 31 

Clerk was paid $4,126.18 in 1911; attorney's salary, $4,000; mar- 
shal's salary, $4,000. 

Texas, western. — There are five places of holding court and five oifices 
maintained by the clerk, the total annual collections being about 
$9,200. There were pending July 1 , 1911, 305 civil and criminal cases, 
and the business is increasing slightly from year to year. Popula- 
tion 1,070,343. Clerk was paid $4,971.87 in 1911 ; attorney's salary, 
$4,000; marshal's salary, $4,000. 

Utah. — There are two places of holding court and two offices main- 
tained by the clerk, the total annual collections being about $5,100. 
There were pending July 1, 1911, 390 civil and criminal cases, and the 
business is increasing steadily. Population 373,351. Clerk was paid 
$4,895.76 in 1911; attorney's salary, $4,000; marshal's salary, $3,500. 

Vermont. — There are three places of holding court and three oiiioes 
maintained by the clerk, the total annual collections being about 
$4,200. There were pending July 1, 1911, 396 civil and criminal cases, 
and the business is increasing slightly each year. Population 355,956. 
Clerk was paid $3,108.81 in 1911; attorney's salary, $3,000; marshal's 
salary, $2,500. 

Virginia, eastern. — There are three places of holding court and three 
offices maintained by the clerk, the total annual collections, being 
about $13,200. There were pending July 1, 1911, 522 civil and criminal 
cases, and the business seems to be decreasing. Population 1,(169,806* 
Clerk was paid $5,139.76 in 1911 ; attorney's salary, $4,000; marshal's 
salary, $3,500. 

Virginia, western. — Previous to the 1st day of January, 1912, there 
were four circuit and four district clerkships in this district, each 
entitled to earn $3,500 annually, or $28,000 in all. There are seven 
places of holding court and seven offices maintained by the clerk, the 
total annual collections being about $12,000. There were pending 
July 1, 1911, 931 civil and criminal cases, and the business seems to 
be about the same from year to year. Population, 1,031,806. Clerk 
was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
salary, $4,000. 

Washington, eastern. — This is a double fee and double maximum 
district, there being three places of holding court and three offices 
maintained by the clerk, the total annual collections being about 
$13,400. There were pending July 1, 1911, 324 civil and criminal 
cases, and the business remains about the same from year to year. 
Population, 409,699. Clerk was paid $12,324.36 in 1911; attorney's 
salary, $4,500; marshal's salary, $4,000. 

Washington, western. — This is a double fee and double maximum 
district, there being three places of holding court and three offices 
maintained by the clerk, the total annual collections being about 
$30,000. There were pending July 1, 1911, 963 civil and criminal 
cases, and the business remains about the same each year. Popula- 
tion, 732,291. Clerk was paid $14,000 in 1911; attorney's salary, 
$4,500; marshal's salary, $4,000. 

West Virginia, northern. — Ibis district is located in one of the most 
rapidly developing sections of the United States; there are five places 
of holding court and five offices maintained by the clerk, the total 
annual collections being about $13,800; there were pending July 1, 
1911, 733 civil and criminal cases, and the business is increasing 



32 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

rapidly each year. Population. 814,224. Clerk was paid $7,000 in 
1911; attorney's salary, $4,500; marshal's salary, $4,000. 

West Virginia, southern. — This district is in one of the most rapidly 
developing sections of the country, and the increase of business and 
development of natural resources is phenomenal. There are five 
places of holding court and five offices maintained by the clerk, the 
total annual collections being about $11,000, and the business has 
doubled within five years. There were pending July 1, 1911, 1,228 
civil and criminal cases. Population, 606,895. Clerk was paid $7,000 
in 1911; attorney's salary, $4,500; marshal's salary, $4,000. 

Wisconsin, eastern. — Ihere are three places of holding court and 
three offices maintained by the clerk, the total annual collections 
being about $6,500; there were pending July 1, 1911. 387 civil and 
criminal cases, and the business remains about the same each year. 
Population, 1,243,932. Clerk was paid $4,736.87 in 1911; attorney's 
salary, $4,000; marshal's salary, $4,000. 

Wisconsin, western. — There are four places of holding court and 
four offices maintained by the clerk, the total annual collections being 
about $6,900; there were pending July 1, 1911, 429 civil and criminal 
cases and the business is increasing. Population, 1,089,928. Clerk 
was paid $6,286.72 in 1911; attorney's salary, $4,000: marshal's 
salary, $4,000. 

Wyoming. — This is a double fee and double maximum district, and 
there are four places of holding court and four offices maintained by 
the clerk. The total annual collections are about $6,900; there 
were pending July 1, 1911, 98 civil and criminal cases, and the business 
has about doubled in the past five years. Population, 145,965. 
Clerk was paid $4,967.87 in 1911; attorney's salary, $4,000; mar- 
shal's salary, $3,500. 

Included in the number of civil and criminal cases, as given in 
the above statement, are all proceedings in bankruptcy. 

The "double fee and double maximum" districts referred to above 
are so constituted under the provisions of section 840, Revised Stat- 
utes, and acts amendatory, which provide tl>at in the districts in 
California, Oregon, Nevada, Idaho, Wyoming, North Dakota, Wash- 
ington, Montana, Arizona, and New Mexico double fees and double 
maximum shall be allowed, with a proviso that when both circuit 
and district clerkships were held by the same person the maximum 
for both offices should not exceed $7,000 per annum. 

The amendments to sections 4 and 5 are made at the suggestion 
of the Attorney General, in a letter dated February 14, 1912. The 
method of paying deputy marshals now in vogue is through the 
marshals in the several districts and in harmony with the modern 
tendencies toward economy in administration. The Attorney 
General suggests that the same method of payment of the clerks and 
deputy clerks would simplify accounting and make for uniformity 
in administration. 

Referring to Judge Norris's question, you will observe from this 
document the elements that enter into the consideration of the 
proper amount to be determined in each case. I discussed that mat- 
ter orally with the Attorney General and took it up also in writing 
with him. He had the same opinion that Judge Norris had, that in 
no case should the salary of the clerk exceed that of the district 



COMPENSATION FOE CLERKS OF UNITED STATES COUETS. 33 

attornejr. Right in this connection I want to read into the record his 
letter to me, dated February 24 : 

Appendix D. 

Salaries of Clerks in United States District Courts. 

letter from the attorney general. 

Department of Justice, 
Office of the Attorney General, 

Washington, D. C, February 24, 1912. 
Hon. H. D. Clayton, 

Chairman Committee on the Judiciary, 

House of Representatives. 
Dear Judge Clayton: I have read over the minutes of the hear- 
ing on the clerks' fee bill and return it to you. I have gone over 
the bill and the scale of fees. Capt. Glover has prepared a report for 
me, which I transmit. In it he suggests certain reductions for reasons 
stated. One consideration which had not been brought up before, 
and which I think should be weighed, is the amount of clerical ex- 
pense in addition to the clerks' salaries which would be required in 
each of these offices. Capt. Glover's report shows the aggregate of 
salaries of the clerical forces in the different offices which have been 
fixed and allowed since the passage of the judiciary act on the rec- 
ommendation of the court clerks. In cases where the sum of the 
proposed clerk's salary and the expenses of his clerical force would 
considerably exceed the earnings of the office, it would seem that 
the amount of the clerk's proposed salary should be somewhat reduced. 
One other consideration has occurred to me, namely, that the 
clerks should not receive a higher salary than the district attorneys. 
In answer to this I understand the suggestion is made that the dis- 
trict attorneys' salaries were fixed some years ago; that the cost of 
living has increased; and that, instead of reducing the proposed 
salaries of the clerks to a level with those of the district attorneys, 
the latter ought to be increased. I quite agree to the fairness of the 
proposed increase in the salaries of the district attorneys, but I 
think that the clerk's compensation should not exceed that of a 
trained professional officer, such as the district attorney. 

Would it not be expedient to combine with this bill the bill (H. R. 
19418) authorizing the President to remove a clerk for cause, so as 
to have one bill deal with the entire subject of court clerks ? 
Faithfully, yours, 

Geo. W. Wickersham, 

Attorney General. 

memorandum for the attorney general. 

Department of Justice, 

Washington, February 26, 1912. 
Referring to the attached tabulation in re salaries for clerks of 
United States districts courts, I make the following suggestions: 

That the salary of the clerk for the middle district of Alabama 
be reduced from $4,000 to $3,500. The annual average earnings of 

H. Rept. 425, 62-2 3 



34 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

the clerk for the last three years amount to only $6,086.29, which 
would not be sufficient to reimburse the United States in paying a 
salary of $4,000 and $2,920 for pay of deputy clerks and clerical 
assistants. 

Reduce the salary of the clerk for the northern district of Florida 
from $4,000 to $3,000, his average earnings being $6,204.32. This 
amount would not be sufficient to reimburse the United States in 
paying a salary of $4,000 and $2,340 to clerks and clerical assistants. 
Court is held at three places in said district. 

Reduce the salary of the clerk for the district of Idaho from $4,000 
to $3,000. It is true that the average earnings for three years in 
said district amount to the sum of $8,770.17, but it must be remem- 
bered that this is a double-fee district. If he were receiving single 
fees his earnings would amount only to the sum of $4,385.08. 

Reduce the salary of the clerk for the northern district of Iowa 
from $4,500 to $3,500, as the average earnings of that district in 
the last three years amount to only $7,535.45. This amount would 
hardly be sufficient to reimburse the United States in paying a salary 
of $4,500 and $2,860 to deputy clerks and clerical assistants. It is 
true that court is held at four places in said district. 

Reduce the salary of the clerk for the district of Montana from 
$5,000 to $4,000. The average earnings in said district for the last 
three years were $13,680.26, but this is a double-fee district, so that 
if the earnings were reduced to single fees the earnings each year 
would be $6,840.13, which would not be sufficient to reimburse the 
United States in paying a salary of $5,000 and $3,400 to clerks and 
clerical assistants. 

Reduce the salary of the clerk for the district of Nevada from 
$3,000 to $2,500. The average earnings amount to $5,710.36, but 
this is also a double-fee district. If the earnings were reduced to 
single fees the earnings each year would be $2,856.18, which would 
not be sufficient to reimburse' the United States in paying $3,000 to 
the clerk and $1,440 to deputy clerks and clerical assistants. 

Reduce the salary of the clerk for the district of North Dakota from 
$5,000 to $3,500. This is another double fee district. The average 
earnings for three years amount to $9,732.98; reduced to single fees 
would amount to $4,866.49, which would not reimburse the United 
States in paying a salary of $5,000 to the clerk and $2,900 to deputy 
clerks and clerical assistants. 

Reduce the salary of the clerk for the eastern district of Oklahoma 
from $4,500 to $4,000. It seems that the average earnings in said 
district for the last three years amount to $14,210.28, but this large 
amount is the result of a* very unusual state of facts. These were 
earnings almost wholly or very largely from the United States in liti- 
gation relative to Indian lands. It is but fair to state, however, that 
the law requires terms of court at six places in the district. 

Increase the salary of the clerk for the eastern district of Virginia 
from $4,500 to $5,000; average earnings in said district, $13,258.79. 

Increase the salary of the clerk for the western district of Virginia 
from $4,500 to $5,000; average earnings in said district, $12,077.03. 
Terms of court are required to be held at seven places in this district. 

Reduce the salary of the clerk for the eastern district of Washing- 
ton from $4,500 to $3,500. The average earnings in said district 
amount to $13,428.06, but this is another double fee district, and if 



COMPENSATION FOK CLERKS OF UNITED STATES COURTS. 35 

only single fees were chargeable in that district the average earnings 
would be only $6,714.03, which would not be sufficient to reimburse 
the United States in paying a salary of $4,500 and $4,700 to deputy 
clerks and clerical assistants. 

Reduce the salary of the clerk for the district of Wyoming from 
$4,000 to $3,000. The average earnings are only $6,918.66. This is a 
double fee district. Terms of court are required to be held at five 
places therein. 1 

Respectfully, J. J. Glover, 

Chief, Division of Accounts. 

The Chairman. And I want the minutes of the hearings referred 
to by the Attorney General and Capt. Glover put in right at this 
point. 

The document referred to is as follows : 

Appendix E. 

compensation of clerks of united states district courts. 

Subcommittee No. 2 of the 
Committee on the Judiciary, 

House of Representative^, 

Washington, February 21, 1912. 

The subcommittee met at 10.30 o'clock a. m., Hon. H. Garland 
Dupre presiding, the committee having under consideration the 
matter of fixing salaries of United States district court clerks. 

Present : Representatives Clayton (chairman of the Committee on 
the Judiciary), Dupre, Nye, and Norris. 

Present, also: Capt. J. J. Glover, chief of the division of accounts, 
Department of Justice, and Mr. E. M. Keatley, clerk of the United 
States District Court for the Southern District of West Virginia. 

Mr. Clayton. Mr. Chairman, I have drawn a bill seeking to put 
the clerks of the district courts upon salaries, and, as chairman of 
the Committee on the Judiciary, I have referred the measure to this 
subcommittee and have asked you to meet and consider it this 
morning, and desire to make a statement in regard to the matter. I 
prepared this bill, of which there is a committee print only, it not 
having been introduced as yet, which committee print is here before 
you, a bill entitled "A bill relating to the compensation of clerks of 
United States district courts." Since it was prepared two amend- 
ments have been made, on pages 8 and 9. These amendments' were 
made after a conference with the Attorney General. After the bill 
was drawn I submitted it to the Attorney General for criticism, par- 
ticularly as to its form, and as a result of this criticism and the 
conference that I had with him, and also with others, I have drawn 
the amendments as indicated on the copy! You have before you the 
typewritten matter on page 8, and the typewritten matter on page 9, 
which you see, and I will not stop to explain that at this time. I 
may say that the history of this proposed legislation is in substance 
as follows : There were several bills introduced at this session of Con- 

1 The references to reductions and increases contained in the above statement are to the documents printed 
and entitled "Tabulation in re salaries forclerks United States district courts, "column headed "Suggested 
salary clerk." 



36 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 

gress seeking to change the Revised Statute which allows clerks of 
the district courts to receive a maximum compensation of $3,500 
out of their fees, and these bills sought to raise that maximum to 
$5,000, but otherwise did not seek to change the statute. This sub- 
committee reported, or brother Norris reported, on the Davis bill 
which I have just described, and your report was in substance that 
you adhered to the $3,500 maximum allowance out of the fees, and 
you recommended that the clerks be allowed their actual necessary 
expenses when away from home. That measure was reported to 
the House and is on the calendar there now. Since that time the 
Senate has passed a bill similar to the Davis bill, by which they are 
allowed a maximum to be retained out of the fees of about $5,000. 
That measure has come to the House but has not been acted upon. 

Now, I call your attention to a letter dated January 25, a copy of 
which you have before you, addressed to me by the Attorney Gen- 
eral, annexed to which is a statement showing the gross earnings of 
clerks of the United States courts during the fiscal years 1909, 1910, 
and 1911. Then you will find, also a printed statement, or a tabu- 
lation, in the matter of salaries for clerks of the United States dis- 
trict courts, and on that statement you will find the salary in each 
case of the district attorney and marshal and the average fees of the 
clerk and a suggested salary for the clerk. In each case you will also 
find a statement relative to the bill providing for salaries of clerks of 
United States district courts. I have had all that printed for your 
information. It has been all gathered together and I have had it 
printed here for your ,guidance. You will find the compensation 
actually received by clerics of United States courts for the year 1911, 
and you will find that this bill as originally printed left blanks which I 
have had filled out with the suggested amounts only. Now, I may say 
that I have here considerable correspondence with the Attorney Gen- 
eral other than that which I have had printed, which is for the con- 
sideration and information of the committee. I desire to say briefly 
that this proposition to put the clerks on a salary basis has the 
approval of everybody with whom I have talked. 

In 1896 the marshals and district attorneys were put upon a salary 
basis, and there is no reason that I have ever heard suggested why the 
clerks should not be put upon salaries. I happened to be a United 
States district attorney myself at the time the fee system was abol- 
ished and the district attorneys were put upon a salary basis, and I 
know myself I was very glad of the change, although I was earning 
under the fee system $6,000 a year. I preferred, however, to have 
the lesser amount in the shape of a regular salary, so that I might 
be free to prosecute or not to prosecute any cases that I thought 
proper, so that nobody could accuse me of being actuated by any 
desire to make fees in any case. 

I do not know that I ought to say any more on the attitude of the 
administration than I have already detailed to you about my con- 
ferences with the Attorney General and what is shown by his corre- 
spondence here. I think I am justified in saying that this measure 
meets the approval of the Department of Justice. The only ques- 
tion that I think is really open, so far as I have been able to ascertain 
from letters received from judges, from suggestions from Members of 
the Senate and Members of the House, as well as from the Depart- 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 37 

ment of Justice, is the matter of what particular salary shall be fixed 
in each particular case. 

I take it that the committee is in accord with what seems to me to 
be the universal sentiment to put these clerks upon a salary basis, 
and I will not waste the time of the committee by saying anything 
on the wisdom of it. I take it for granted that it is in line with 
modern legislation, following the same statute that is in force in the 
case of district attorneys and marshals, and it resolves itself, accord- 
ing to my way of thinking at least, to the question of how much shall 
be allowed in each case. Now we have with us to-day Capt. Glover, 
who has been connected for a long time with the Department of 
Justice and who has handled this matter of compensation of clerks 
for a long time and is perfectly familiar with it, and I wish Capt. 
Glover to make a statement to the committee. 

Mr. Dupre. I would like to ask a question. Are these suggested 
salaries based on recommendations of the Attorney General's office ? 

Mr. Clayton. Well, I could hardly say that. I have conferred 
with the Attorney General and he has personally advised me that in 
the main these amounts suggested seemed to be right. We have 
Capt. Glover here to-day representing the Department of Justice to 
make a statement on this subject. 

Mr. Dupre. I would like to know also for what number of years 
this average has been obtained. I 

Mr. Clayton. The salaries suggested in this bill are based upon 
the consideration of several facts in each case. In other words, to 
solve the question as to the correct amount to award a clerk in any 
particular district, that being the equation, I have taken into consid- 
ation several factors. The first factor is the number of places of 
holding court, the number of offices maintained by each clerk. The 
second factor is the volume of business in each district, both civil 
and criminal, as shown by the official reports of the Attorney Gen- 
eral. The third, the salaries now paid to the United States attorneys 
and to the marshals in the particular districts. Fourth, the amount 
that each clerk has been paid for his services when under the fee 
system. Fifth, the population, progress, and development of the 
several districts, and their future possibilities for probable increase 
of business and the like. Sixth, the fact that many clerks are, under 
section 273 of the Judicial Code, prohibited from practicing law. In 
some of these large districts it requires a man who is a pretty fair 
lawyer to be a clerk, and he is deterred from practicing law, and 
I thought that was a proper element to take into consideration. 
Seventh, the revenue-producing qualities of the several districts. 
Those, in brief, are most of the factors that I have considered as enter- 
ing into this question. 

Mr. Nye. Do you know how the aggregate amount of salaries under 
this bill will compare with the amount paid now? 

Mr. Clayton. Yes, sir; I have got all that in the statement right 
here. 

Mr. Nye. Does it increase it? 

Mr. Clayton. My statement was merely by way of introduction, 
and I want to say, gentlemen, that I think I have everything which 
you can possibly ask for about this case, and I think most of it is in 
writing and printed right here for you. What I wanted to say was 



38 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

merely by way of introduction and then to have Capt. Glover take up 
the bill. I did not know that the committee would want to go into 
the form of the bill this morning. My information is that Capt. 
Glover wishes to speak solely on the matter of compensation to each 
clerk in each particular district, beginning with Alabama, the north- 
ern district of Alabama. After he has completed what he has to say 
I would then ask the committee to hear Mr. Keatley, of West Virginia, 
who has had long experience as a clerk, and I can say is not only a 
good clerk, but a good lawyer. 

Mr. Glover. I am not here prepared to make a full recommenda- 
tion as to the relative salaries of these clerks. I would have to go 
over it very carefully first. I have been trying to fix the pay of clerks 
now since December 1. I have been working on the salaries of the 
deputies and determining the number of deputies each clerk should 
have. I came up here rather to speak about some features of the 
bill and to say that there are several things that will have to be 
considered, especially the part of the bill treating of the accounts of 
the clerks in regard to expenses, whether the department will recom- 
mend that the marshals, for instance, will not only pay the salaries 
of their several clerks but will pay the expense accounts of the 
clerks also. Of course, after the clerks are put on salaries the whole 
thing will have to be handled in a different way. Instead of allowing 
the clerks to buy all sorts of supplies for their offices the department 
will furnish those supplies just as they furnish supplies for United 
States marshals now. 

Mr. Clayton. This bill in no wise deals with that subject. 

Mr. Glover. Well, we want it to. 

Mr. Clayton. I think not. 

Mr. Glover. How will that be determined; just let it go along as it 
has been done, and buy all the stuff they please? 

Mr. Norris. I should think a great deal of economy might be 
brought about by a uniform system in this supply business by letting 
the department furnish all the supplies, because they are practically 
the same for every district. 

Mr. Clayton. That applies to the marshal, the district attorney, 
and everybody else, and I don't see why we should take that up in a 
salary bill for clerks. Now, I have had numerous conferences with 
the Attorney General and a great deal of correspondence about it, and 
he has never suggested putting that in this bill. 

Mr. Glover. Well, he naturally wouldn't think of that. 

Mr. Keatley. Isn't that all covered in the general law now ? That 
is my understanding of the statute. The Department of Justice has 
the right to prescribe these administrative details. You have con- 
ferred that right upon the Attorney General by law. 

Mr. Clayton. I have here references to the statutes covering the 
subject, which are as follows: 

CITATIONS IN RE AUTHORITY OP DEPARTMENT OP JUSTICE. 

Justice, Department of. — Established by act of September 24, 1789 (1 Stat. L., 92); 
act June 22, 1870, chapter 150 (16 Stat. L., 162), section 346 Revised Statutes. 

Regulations, executive departments.— Authorized to adopt and promulgate as to busi- 
ness, supplies, etc., custody of property, etc. Act July 27, 1789, section 161 Revised 
Statutes, and when so promulgated are those of the President. Wolsley v. Chapman 
(101 U. S., 769, etc.) 



COMPENSATION FOE CLERKS OF UNITED STATES COUETS. 39 

Superintendence of attorneys and marshals, etc. — Section 362 Revised Statutes (act 
Aug. 2, 1861, ch. 37; 12 Stat. L., 285; act June 22, 1870,«ch. 150; 16 Stat. L., 164.) 

Accounts of marshals, attorneys, clerics, etc., supervision of. — Section 368 Revised 
Statutes (act June 22, 1870, ch. 150; 16 Stat. L., 164.) 

Blanks, letterheads, etc., for officials of United States courts to be printed at the Govern- 
ment Printing Office.— Act January 12, 1895 (28 Stat. L., 624). 

Mr. Glover. Well, perhaps we can do it without that. 

Mr. Keatley. That is merely a detail of administration. 

Mr. Clayton. Yes. Of course I didn't care for you to criticize the 
form of this bill, because I had the criticism of the Attorney General 
on the form of the bill ; but what I wanted you to take up is the com- 
pensation of the clerks. 

Mr. Glover. I misunderstood you, then. 

Mr. Clayton. I have a criticism from the Attorney General in 
regard to the form. 

Mr. Glover. When the salary bill was up before for district attor- 
neys and United States marshals the chairman of the committee spent 
a good deal of time with the Division of Accounts, and that bill was 
rewritten by myself some three or four times, and the substance of it 
is as I prepared it in 1896. I prepared the commissioners' fee bill at 
the same time, which has saved the Government probably a couple of 
million dollars. 

Mr. Clayton. Then may I ask you, are you ready to go on this 
morning and give the committee any information relative^ to the 
proper compensation of the clerks in each one of these districts, or 
would you prefer to take that up and communicate it to the com- 
mittee in writing ? 

Mr. Glover. I certainly think it would be a good deal better to 
take that up by letter after I have had time to go through it with 
more care than I can give to it this morning. 

Mr. Clayton. Then, Mr. Chairman, with your permission I will 
refer the matter to the Attorney General. I took it up with the 
Department of Justice, but I gathered the idea that it was preferred 
that Capt. Glover should come up here and make an oral statement 
to the committee. 

Mr. Dupre. What position does Capt. Glover occupy in the At- 
torney General's office ? 

Mr. Glover. I am chief of the Division of Accounts. I have 
fixed the salaries of all these deputy clerks. 

Mr. Clayton. What I wanted was for the committee to report this 
matter to the full committee and to let them recommend, because 
the full committee will want to go over this whole thing with a degree 
of care. In the meantime I wanted the testimony of Mr. Keatley 
here in explanation of it so that we could have his statement for the 
full committee. 

Mr. Dupre. Are you willing to go on this morning, Mr. Keatley? 

Mr. Keatley. Yes. 

Mr. Nye. I don't think there is any objection to reporting it with- 
out recommendation. He can furnish all this data; we have it pretty 
fully here. 

Mr. Keatley. Everything that I can say is here before the 
committee. 

Mr. Clayton. I want to say that I have gotten up all the data 
possible pertaining to this subject that I could think of. 



40 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 

Mr. Glover. Can you furnish me that so that I can get the benefit 
of it? 

Mr. Clayton. Certainly. I think we should report it to the full 
committee with the recommendation that the full committee take 
it up and act upon it. 

Mr. Dupre. Mr. Keatley asks permission to file these documents 
with the committee. If there are no objections the documents will 
be filed. 

Mr. Clayton. Well, it is not necessary to make any note of that. 
That is done every day, papers are left there and put on the file. 

Mr. Dupre. I move that this bill be reported to the full committee 
with the recommendation that an early hearing be had on the subject 
and the matter disposed of at an early date. 

Mr. Nye. I want to make a motion that this subcommittee report 
this bill to the full committee with the recommendation that the full 
committee give it consideration and act on it. 

Mr. Dupre. You have heard the motion of Mr. Nye. All those in 
favor of it will say "aye." 

Motion carried. 

Mr. Norris. How soon, Captain, can you have your report? 

Mr. Glover. In a very few days. 

Mr. Clayton. I will write a letter to the Attorney General to-day 
calling for the information. 

Mr. Dupre. Without objection, the subcommittee will stand ad- 
journed. 



The Chairman. Now, I may answer that question propounded by 
the Attorney General by saying that the committee is instructed 
and the report has been prepared, to report favorably H. R. 19418, 
and my own opinion is that we had better let that matter be taken 
care of by a special bill rather than put it in here. My own idea is 
that when you go to legislate, the closer you can stick to the object 
you have in view the easier it is to get it passed. If we undertook 
to go out and do too many things, Members on the floor will suggest 
that something else ought to be done, and the first thing you know 
you would not recognize the bill to fix the clerk's salaries, it would 
be so changed. So I think we had better preserve the character of 
the bill fixing the salary of clerks, and take care of this other mat- 
ter by H. R. 19418, which amends the Revised Statute on that sub- 
ject and takes care of it according to the best judgment of this 
committee. 

Mr. Keatley, you clerks favor this Davis bill before the House? 

Mr. Keatley. Yes, sir; that was the result of the meeting at St. 
Louis. 

The Chairman. Which adhered to the fee system and fixed a 
maximum under the fee system of $5,000, which bill was also intro- 
duced in the Senate in the same form as the Davis House bill, and 
the Senate passed it. It fixed an allowance of $5,000 under the fee 
system. 

Mr. Keatley. That is correct. 

The Chairman. Now, this committee has determined to get away 
from the fee system and to come to the salary system, and when you 
were apprised of that fact, as I told you some days ago, I want to say 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 41 

to the committee that you very kindly undertook to give me any 
information bearing on this subject that you could. 

Mr. Dupre. May I at the present time register my dissent from 
the views expressed by the Attorney General regarding the salary of 
the clerk being fixed according to that of the United States attorneys. 
I make that objection because of my personal knowledge of the 
unfairness which that has worked in two districts that have come to 
my notice. 

Mr. Higgins. I want to join in the same suggestion. 

The Chairman. In how many instances. Mr. Keatley, in this bill, 
as approved by the Attorney General, has the salary fixed for the 
clerk exceeded the salary fixed for the district attorney? 

Mr. Keatley. I have not counted them. 

The Chairman. It is a mere matter of counting. I wish you would 
do that and put it in the record. 

Mr. Keatley. Yes, sir; 38 exceed the district attorney by a small 
amount. 

The Chairman. And in how many instances is the salary fixed for 
the clerk less than that of the district attorney? I would like for 
that to go in. 

Mr. Keatley. I will give that; 22 less than district attorney; 19 
the same as district attorney. 

Mr. Higgins. When you are considering Connecticut, Mr. Keatley, 
you should bear in mind that the Senate has already passed a bill 
increasing the salary of the marshal of Connecticut from $2,000, his 
present salary, to $3,000. So the figures that appear in these tables 
in regard to Connecticut are quite likely to be subject to change dur- 
ing this session of Congress. 

Mr. Keatley. The salaries of the district attorneys are based on 
an entirely different principle than those of the clerks. An attorney 
is employed by the Government within a district to look after its liti- 
gation and is paid a salary generally commensurate with what the 
Government has in that particular district. For example, in the 
great State of New Jersey, where the clerk's office used to pay $30,000 
a year in fees, the United States district attorney gets but $3,000 
salary, because only about one-half of 1 per cent of the business 
transacted in the Federal courts in New Jersey is business for the 
Government. In Georgia, where the receipts are less, the district 
attorney gets $5,000. Georgia is what is known as an internal- 
revenue State, and the Government has hundreds of cases there. In 
my district the district attorney gets $4,500. Up in Connecticut he 
only gets $2,000. I think as a general proposition the clerks should 
perhaps not average more than the district attorneys. In this bill 
they average practically the same. 

Mr. Higgins. I do not accept the proposition of the Attorney 
General that the compensation of the clerks ought to be determined 
by the compensation of the marshal and the district attorney. 

Mr. Norris. I think I ought to say. in justice to myself, that I did 
not state that as a proposition 

The Chairman. As a hard-and-fast rule? 

Mr. Norris. I did not mean to be understood so, but I think that 
is one of the facts that ought to be taken into consideration. 

The Chairman. Judge Norris, you will bear me out that in my 
statement to the subcommittee — I think I made the statement to the 



42 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 

whole committee the other day — that I thought that was one fact that 
might guide us in determining this, but that in all these considera- 
tions that I named in the statement before the subcommittee and in 
this leaflet, which I have ordered printed, no one of them is a de- 
termining factor; but we ought to take all those facts and other 
facts that may come to the committee, from the clerks themselves, 
and from some of the letters that judges have written to me, which 
are in the possession of the committee — take all these facts together 
and try the question of adequate salary in each particular case on 
the facts pertaining to that case. No one factor determines it. 
There is no one fact which is a determining factor. 

Mr. Sterling. I suppose the receipts of the clerks' offices are the 
best criterion of the amount of work. 

Mr. Keatley. Yes; and let me call attention to this fact. The 
Attorney General's office, in arriving at the figures, should recognize 
some considerations that we suggest. If you will take this leaflet 
and total the salaries of their deputies and their other expenses and 
add to that the salary proposed by the Attorney General, you will 
find in every district that it is largely under what the clerks now 
take in. 

The Chairman. Will you put that leaflet in the hearing? 

Mr. Keatley. Yes, sir. 

The statement referred to is as follows: 

Appendix F. 

compensation of deputy clerks, etc., united states district courts. 

Department of Justice, 

Washington, February 16, 1912. 
Hon. H. D. Clayton, 

Chairman Committee on the Judiciary, 

House of Representatives. 
Sir: In compliance with the request contained in your letter of the 
12th instant, there is transmitted herewith a statement showing the 
compensation of the deputy clerks and clerical assistants employed 
by the various clerks of the United States district courts as fixed by 
this department for the calendar year 1912. 

The information as to the compensation of the deputy clerks and 
clerical assistants employed by the clerks of the district courts in the 
following districts is not furnished for the reason that the applications 
of said clerks for the desired authority have not as yet been received, 
although their recommendations in the matter have been requested: 
Western Arkansas, southern California, district of Colorado, district of 
Connecticut, district of Delaware, district of Idaho, northern Iowa, 
district of South Dakota, eastern Tennessee, western Texas, district of 
Utah, and district of Wyoming. 

As the Territories of Arizona and New Mexico have just recently 
been admitted to statehood, the matter of fixing the compensation of 
deputy clerks and clerical assistants to be employed in the districts of 
Arizona and New Mexico can not be taken up until the clerks of United 
States district courts are appointed. 

Respectfully, J. A. Fowler, 

Acting Attorney General. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



43 



Statement shotting the amount of compensation allowed the deputy clerics and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912. 

ALABAMA, NORTHERN. 



Location. 



Per 
annum. 



Two deputy clerks. 

Do 

Deputy clerk 

Do 

Do 

Do 

Do 

Do 



Deputy clerk . 

Do 

Do 

Do 

Do 



Birmingham 

do 

Birmingham, not to exceed. 

Huntsville 

Anniston 

Jasper 

Florence 

Gadsden 



i $1,800 
i 1,500 
900 
1,800 
720 
120 
120 
120 



ALABAMA, MIDDLE. 




Montgomery 

do 


SI, 200 


Do 


720 


Do. . 




( 2 ) 








ALABAMA, SOUTHERN. 






$1,800 




do 


t 720 






ARKANSAS, EASTERN. 



Little Rock. 

do 

Jonesboro . . . 

Helena 

Batesville. . . 



$1,500 

1,400 

900 

900 

900 



CALIFORNIA, NORTHERN. 



Deputy clerk 

Do 

Do 

Clerical assistant . 
Deputy clerk 

Do 

Do 



San Francisco. 

....do 

do 

do 

do 

do 

do 



i Each. 

2 To be allowed 75 per cent of all fees earned, but not to exceed $1,000 per annum. 

3 To be allowed fees earned at that place not to exceed $720 per annum. 



$2,500 
2,500 
1,400 
1,200 
1,200 
900 
600 



FLORIDA, NORTHERN. 






. $900 


Do 




( 3 ) 


Do 




(3) 







COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 

Statement showing the amount of compensation allowed the deputy clerks and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 

FLORIDA, SOUTHERN. 





Location. 


Per 
annum. 


Deputy clerk 




SI, 200 
1,000 


Do 




Do 




200 


Clerical assistant 




360 


Deputy clerk 


do 


900 









GEORGIA, NORTHERN. 



Deputy clerk 

Do 

Do 

Do 

Do 

Do 

Do 

Messenger 

Additional clerical assistance when nec- 
essary, not exceeding. 



Atlanta... 

do 

do.... 

Columbus. 

Athens 

Rome 

Atlanta. . . 
do.... 



$2,000 
1,600 
1,500 
1,200 
1,500 
1,000 
1,400 
400 
1,000 



GEORGIA, SOUTHERN. 



Deputy clerk. 

Do 

Do 

Do 

Do 

Do 



Macon 

do 

Savannah . 
Augusta. . 
Valdosta.. 
Albany. .. 



1,600 

1,500 

1,000 

900 

700 



HAWAII. 


Deputy clerk 




$1,800 
1,200 


Do 


do 








Note. — The above salaries were not fixed during this calendar year, but they are the salaries allowed 
at the present time. 

ILLINOIS, NORTHERN. 



Deputy clerk in charge 

Cashier and bookkeeper 

Minute clerk to Judge Landis 

File clerk, etc 

Clerical assistant 

Do 

Do 

Deputy clerk 

File clerk 

Minute clerk to Judge Carpenter. 

Do 

Clerical assistant 

Do 

Stenographer 

Messenger 

Deputy clerk 



Chicago . . 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

do... 

Freeport . 



$2, 200 
2,000 
1,800 
1,700 
1,200 
1,200 
1,200 
2,200 
1,700 
1,600 
1,600 
1,200 
1,200 
1,200 
480 
600 



ILLINOIS, SOUTHERN. 


Deputy clerk 




SI, 800 


Do 




1,200 








ILLINOIS, EASTERN. 


Deputy clerk 




SI, 800 


Do 


do 


900 


Stenographer 


do 


720 









COMPENSATION" FOR CLERKS OF UNITED STATES COURTS. 45 



Statement showing the amount of compensation allowed the deputy clerks and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 

INDIANA. 





Location. 


Per 

annum. 








§2,000 
1 600 


Do 


do 


Do 


do 


728 


Do 


.do 




Do 


do 


520 


Do 


do 


200 


Do 


Evansville 


C 1 ) 

( 2 ) 
( 8 ) 
(*) 


Do 




Do 


Fort Wayne 


Do 











IOWA, SOUTHERN. 




Deputy clerk 


Des Moines, not to exceed 


$900 
900 


Do 


do 


Do 




300 


Do 




540 


Do 




240 


Do 




240 


Do 




720 









KANSAS. 



Deputy clerk 

Clerical assistant . 

Do 

Deputy clerk 
Clerical assistant . 

Do 

Deputy clerk *... 



Topeka 

do 

....do 

Wichita, not exceeding. . . 

do 

do 

Fort Scott, not exceeding. 



$1,800 

1,200 

600 

2,100 

900 

780 

2,000 



KENTUCKY, EASTERN. 



Deputy clerk 
Clerical assistant. 

Deputy clerk 

Do 



Do. 
Do. 
Do. 
Do. 



Frankfort 

do 

Richmond. . 
Covington. . . 

do 

Catlettsburg . 

London 

Jackson 



$1,800 
600 
1,200 
1,600 
900 
1,600 
1,500 
1.200 



KENTUCKY, WESTERN. 



Deputy clerk 

Stenographer and bookkeeper. 

Clerical assistant 

Deputy clerk 

Do 

Do 



Louisville 

do 

do 

Paducah 

Owensboro 

Bowling Green. 



$2. 000 
900 
600 
1,500 
900 
300 



LOUISIANA, EASTERN. 



Deputy clerk 

Do 

Do 

Do 

Clerical assistant . 

Do 

Messenger 

Copyist 

Deputy clerk & . . . 



New Orleans. 

do 

do 

do 

do 

do 

do 

do 

Baton Rouge . 



$1,700 
1,700 
1,700 
960 
840 
780 
600 
480 
600 



1 Allowed earnings of the office at that place not to exceed $500 per annum. 

2 Allowed earnings of the office at that place not to exceed $400 per annum. 

3 Allowed earnings of the office at that place not to exceed $600 per annum. 

4 Is to pay for any assistance at that place from the $2,000 allowed. 
6 Additional clerical assistance when necessary, $300 per annum. 



46 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



Statement showing the amount of compensation allowed the deputy clerics and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 

LOUISIANA, WESTERN. 





Location. 


Per 

annum. 




Shreveport 


$1,200 


Do 


do 


1,200 




do 


480 






25 


Do 




30 


Do 




40 









MAINE. 



Deputy clerk 

Clerical assistant. 



Portland. 
do... 



MARYLAND. 



Deputy clerk 

Clerical assistant . 

Do 

Deputy clerk 



Baltimore. . . 

do 

do 

Cumberland . 



MASSACHUSETTS. 







$2, 500 


Do 


do 


2,200 


Do 


do 


2,000 


Do 


do 


1,800 


Do...;.. 


do 


1,200 




do i 


1,100 


Do 


do 


1,100 


Do.... 


do 


1,000 


Do. . 


do 


1,000 


Do 


do 


900 


Do. .. 


....do 


600 


Do. 


....do 


000 


Do 


do 


360 






500 









MICHIGAN, EASTERN. 



Deputy clerk 

Do 

Stenographer 

Stenographer for six months 



Detroit 

Bay City 

Detroit 

Detroit, at rate of 



MICHIGAN, WESTERN. 



Deputy clerk. 

Do 

Do 



Grand Rapids. 
do 

Marquette 



MINNESOTA. 



Deputy clerk. 

Do 

Do 

Do 

Do 

Do 

Do.2 

Do 

Do 



St. Paul 

....do 

Minneapolis, not exceeding.. 

dO : 

Duluth, not exceeding 

....do 

Fergus Falls, not exceeding. 

Winona, not exceeding 

Mankato, not exceeding 



1 Not to exceed $600 per annum from fees earned at that place; also allowed one-half of the amount earned 
in excess of $600, but not more than $1,000 per annum. 

2 When earnings decrease at Fergus Falls, allowance is to be reduced accordingly. 



COMPENSATION" FOR CLERKS OF UNITED STATES COUETS. 



47 



Statement showing the amount of compensation allowed the deputy clerks and clerical 
. assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 

MISSISSIPPI, NORTHERN. 





Location. 


Per 
annum. 




Oxford 


SI, 200 


Do 




600 









MISSISSIPPI, SOUTHERN. 



Deputy clerk 

Do 

Do 

Do 



Jackson . . . 
Meridian. . 

Biloxi 

Vicksburg 



SI, 200 
M 
(') 
( l ) 



MISSOURI, EASTERN. 







$2,500 
1,500 




do 


Do 


do 


1,200 


Do 


do 


1,080 
900 




do 






1,200 









MISSOURI, WESTERN. 



Deputy clerk. 

Do 

Do 

Do 

Do 

Do 

Do 



Chief deputy clerk . 

Deputy clerk 

Stenographer 

Deputy clerk 

Do 

Do 

Do 

Do 

Do 

Do 

Do 



Kansas City . . 

do 

do 

Springfield 

St. Joseph 

Jefferson City . 
Joplin 



Omaha 

do 

do 

Lincoln 

do 

Hastings 

McCook 

Chadron 

North Platte. 
Grand Island . 
Norfolk 



$1,800 
1,300 
1,300 
1,600 
1,600 
900 
1,200 



MONTANA. 




Helena $2, 000 


Do 


Butte 1, 400 






NEBRASKA. 



$2,000 

1,200 

900 

1,440 

1,200 

( 2 ) 

( 2 ) 

( 2 ) 

p) 

( 2 ) 
( 2 ) 



NEVADA. 






$1, 440 








NEW HAMPSHIRE. 






«S6.50 









1 Allowed one-half earnings at that place not exceeding $1,500. 

2 To be allowed as compensation the fees earned at that place up to S480 per annum, but in any event $120 
per annum. 

3 Additional clerical assistance in emergencies not exceeding $300 per annum. 
* Per week. 



48 



COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 



Statement showing the amount of compensation allowed the deputy clerks and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 



NEW JERSEY. 





Location. 


Per 
annum. 


Deputy clerk 


Trenton 


$2 200 


Do 


do 


2,200 

1,600 

1,600 

840 




do 


Do 


do 


Do 


do 


Do 


do 


780 


Do 


do 


720 


Do 


do 


600 


Do 


do 


600 









neav yore:, northern. 



Deputy clerk . 
Stenographer. 
File clerk 



Utica. . 

do. 

....do. 



$2,000 

1,200 

600 



NEW YORK. SOUTHERN. 







$2,500 


Do 


do.. 


2,100 




do 


1,800 




do 


1,600 




do 


2,000 


Do 


do 


1,400 




do 


1,400 




do 


1,200 




do 


1,200 
1,400 
1,200 




....do 




do 




do 


1,200 


Do 


do 


1,200 




do 


600 




do 


1,400 




do 


1,200 









NEW YORK, EASTERN. 



Deputy clerk Brooklyn . 

Do do 



Clerical assistant . 
Do 



.do. 
.do. 



$2,200 

2,100 

1,000 

900 



NEW YORK, WESTERN. 



Deputy clerk Buffalo . 

Stenographer do.. 

Clerical assistant do . . 

Do do.. 



$1,200 
960 
960 
650 



NORTH CAROLINA, EASTERN. 



Deputy clerk. 
Stenographer. 
Deputy clerk . 

Do 

Do 

Do 



Raleigh 

...do 

Newbern 

Elizabeth City. 

Washington 

Wilmington 



$1,600 
720 
0) 
( 2 ) 
( 2 ) 
2,000 



1 Allowed the earnings of the office at that place, not to exceed 81,200. 

2 Allowed the earnings of the office at that place, not to exceed $1,000. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



49 



Statement showing the amount of compensation allowed the deputy clerics and clerical 
assistants employed by the clerics of the United States district courts during the calendar 
year 1912 — Continued. 

NORTH CAROLINA, WESTERN. 



Location. 



Per 
annum. 



Deputy clerk » 

Do 

Do' 

Do 

Do 

Do 



Statesville. . 

....do 

Asheville. . . 

...do 

Wilkesboro. 
Greensboro. 



§2,200 

900 

2,200 

900 

800 

1,500 



NORTH DAKOTA. 



Deputy clerk 

Do 




SI, 400 
300 




Do 




200 


Do 




500 


Do 


Minot 


500 



OHIO, NORTHERN. 



Deputy clerk 

Do 




§2,200 
1,800 


do 


go................................. 


do 


% 1,200 


do 

do 


1,200 
900 


Do .. 


do 


800 


Do 

Deputy clerk 

Do 


do 

Toledo 

do 

do 


600 
2,000 
1,500 

720 









OHIO, SOUTHERN. 



Chief deputy clerk . 
Deputy clerk 

Do 

Journal clerk 

Clerical assistant . . . 
Stenographer 

Do 



Cincinnati. 
Columbus. 
Cincinnati. 

do 

do 

do 

Columbus. 



$1,900 

1,600 

1,000 

1,000 

720 

600 

500 



OKLAHOMA, EASTERN. 



Deputy clerk ; Muskogee. 

Do do 

Do do 

Do do 



SI, 800 
1,800 
1,700 
1,200 



OKLAHOMA, WESTERN. 



Deputy clerk 




SI, 800 


Do 

Do 


do 

.do.... 


1,800 
1,500 


Do 




600 


Stenographer 


Guthrie 


900 









OREGON. 



Deputy clerk 




S2,100 
1,800 


Do 


do 


Do 


.do.... 


1,200 


Do 




150 


Do... 




150 









1 Deputies at Statesville and Asheville also act in like capacity at Charlotte and Salisbury. 
H. Rept. 425, 62-2 4 



50 



COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 



Statement showing the amount of compensation allowed the deputy clerks and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued . 

PENNSYLVANIA, EASTERN. 





Location. 


Per 
annum. 


Deputy clerk 




$2,200 
2,000 


Do 


do 


Do 


do 


Do 


do 




Do 


do 




Stenographer 


do 




Stenographer and clerical assistant 


do 











PENNSYLVANIA, MIDDLE. 



Chief deputy clerk . 

Deputy clerk 

Stenographer 

Deputy clerk 



Scran ton. 

do... 

do... 

do... 



$1,800 



600 
600 



Note. — There will be a deputy clerk at Harrisburg, but the matter of fixing his compensation is held 
in abeyance, awaiting a recommendation from the clerk as to the amount to be allowed at that place. 

PENNSYLVANIA, WESTERN. 



Deputy clerk . 

Do 

Do 

Do 

Do 

Do 

Do 

Do 



Pittsburgh. 

do 

do 

do 

do 

do 

do 

do 



$2,000 
1,800 
1,500 
960 
960 
900 
100 
960 



RHODE ISLAND. 


Deputy clerk 

Additional clerical assistance, when 
necessary. 




$720 


do 


280 






SOUTH CAROLINA. 






$1,800 


Do 


do 


1,200 


Do. 




200 








TENNESSEE, MIDDLE. 






$1,800 




do 


900 


Do. 


...do ... 


600 








TENNESSEE, WESTERN. 






$1,500 


Do 


.do 


1,000 


Do 




100 









COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



51 



Statement showing the amount of compensation allowed by the deputy clerks and clerical 
assistants employed by the clerks of the United States district courts during the calendar 
year 1912 — Continued. 

TEXAS, NORTHERN. 





Location. 


Per 
annum. 






$1,380 


Do 




1,200 


Do 




300 


Do 




0) 


Do 




( 2 ) 









TEXAS, SOUTHERN. 



Deputy clerk 

Do 

Do 

Do 

Do 



Houston 

Galveston . . 

Laredo 

Brownsville 
Victoria 



$2, 000 

1,200 

1,000 

1,000 

500 



TEXAS, EASTERN. 



Deputy clerk 

Do 

Do 

Do 

Do 

Do 



Texarkana. 

Paris 

Jefferson . . . 
Tyler 

Sherman . . . 
Beaumont. 



1 



( 3 ) 
( 4 ) 
(«) 
( 4 ) 
( s ) 
(•) 



VERMONT. 





Rutland 


Per week. 
$12 


Do 


do 


S 









VIRGINIA, EASTERN. 





Norfolk 


Per 
annum. 
$2,500 
1,200 


Do 


do 


Do 




1,500 




do 


600 






300 




do 


120 









VIRGINIA, WESTERN. 



Deputy clerk 

Do 

Do 

Do 

Do 

Do 

Do 



Abingdon, not exceeding 

Big Stone Gap, not exceeding 

Danville, not exceeding 

Roanoke, not exceeding 

Lynchburg, not exceeding 

Charlottesville 

Harrisburg 



$1,400 
1,400 
1,200 
1,200 
1,000 

(') 

(?) 



1 Allowed two-thirds earnings of the office at that place, not to exceed $1,000 per annum. 

2 Allowed earnings of the office at that place, not to exceed $300 per annum. 

3 Allowed two-thirds of the earnings of the office at that place, not to exceed $1,000 per annum. 

4 Allowed two-thirds of the earnings of the office at that place, not to exceed $1,500 per annum. 
8 Allowed not exceeding $1,400 per annum to be paid from the earnings of the district. 

« Allowed two-thirds of the earnings of the office at that place, not to exceed $1,800 per annum. 
7 Allowed earnings of office at that place, not exceeding $500 per annum. 



52 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 



Statement showing the amount of compensation allowed the deputy clerics and clerical 
assistants employed by the clerics of the United States district courts during the calendar 
year 1912 — Continued. 

WASHINGTON, EASTERN. 



Location. 



Per 
annum. 



Deputy clerk. 

Do 

Do 

Do 



Spokane 

do 

North Yakima. 
Walla Walla . . . 



S2, 000 
900 
600 
600 



WASHINGTON, WESTERN. 



Chief deputy clerk. 

Deputy clerk 

Stenographer 

Do 

Chief deputy 

Deputy clerk 

Stenographer 

Deputy clerk 



Seattle 

do 

do 

do 

Tacoma 

do 

do 

Bellingham. 



82, 100 
1,500 
1,400 
1,200 
1,800 
1,600 
1,200 
300 



•WEST VIRGINIA, NORTHERN. i 



Deputy cleric 

Do 

Do 

Do 

Do 



Philippi 

Clarksburg . . 
Parkersburg 
Wheeling... 
Martinsburg 



$2, 200 

2,000 

1,100 

1,300 

600 



WEST VIRGINIA, SOUTHERN.* 






$1,200 


Do 




720 


Do 


Bluefield 


720 










WISCONSIN, EASTERN. 




Deputy clerk 






SI, 500 


.do .. 


720 






WISCONSIN, WESTERN. 






SI, 200 




...do 


600 






1,000 


Do 




1,000 









i Additional clerical assistance when necessary, $500 per annum. 

2 There will be a deputy clerk at Lewisburg, but the matter of fixing his compensation is held in abey- 
ance awaiting a recommendation from the clerk as to the amount to be allowed at that place. 

The information as to the compensation of the deputy clerks and 
clerical assistants employed by the clerks of the district courts in the 
following-named districts is not furnished for the reason that the appli- 
cations of said clerks for the desired authority have not as yet been 
received, although their recommendations in the matter have been 
requested: Western Arkansas, southern district California, district of 
Colorado, district of Connecticut, district of Delaware, district of 
Idaho, northern district of Iowa, district of South Dakota, eastern 
district of Tennessee, western district of Texas, district of Utah, and 
district of Wyoming. 



COMPENSATION" FOE CLERKS OF UNITED STATES COURTS. 



53 



As the Territories o c Arizona and New Mexico have just recently 
been admitted to statehood, the matter of fixing the compensation 
of deputy clerks and clerical assistants to be employed in said districts 
can not be taken up until the clerks for the respective districts are 
appointed. Heretofore there have been separate clerks of the district 
courts in these districts, and no authority for the payment of com- 
pensation to deputy clerks or clerical assistants was granted. 

The information as to the compensation of the deputy clerks and 
clerical assistants employed by the clerks of the district courts in the 
following-named districts is not furnished for the reason that the 
applications of said clerks for the desired authority have not as yet 
been received, although their recommendations in the matter have 
been requested: Western Arkansas, southern district of California, 
district of Colorado, district of Connecticut, district of Delaware, 
district of Idaho, northern district of Iowa, district of South 
Dakota, eastern district of Tennessee, western district of Texas, 
district of Utah, and district of Wyoming. 

As the Territories of Arizona and New Mexico have just recently 
been admitted to statehood, the matter of fixing the compensation 
of deputy clerks and clerical assistants to be employed in the districts 
of Arizona and New Mexico can not be taken up until the clerks of the 
United States district courts are appointed. | 

The Chairman. And I wanted you also, Mr. Keatley, to put in a 
statement showing what is allowed the marshals in all these districts. 

Mr. Keatlby. I think that is in the record — in the tabulation — 
that it has already been put in, but I find that I am mistaken. 

The Chairman. Let it be put in here. 

The statement referred to is as follows : 

Appendix G. 



Tabulation in re salaries for clerks United States district courts. 



State. 


District. 


Number 
places 
court 
held. 

7 
2 
2 


Salary, 
attorney. 


Salary, 
marshal. 


Annual 

average 

fees, clerk. 


Suggested 
salary, 
clerk. 




Northern 


$4,000.00 
3,000.00 
4,000.00 
4,000.00 
4,000.00 
5,000.00 
4,500.00 
4.000.00 
4,000.00 
2, 500. 00 
2,000.00 
3,500.00 
3,500.00 
5,000.00 
3,500.00 
4,000.00 

10,000.00 
5,000.00 
5,000.00 
5,000.00 
4,500.00 
4,500.00 
4,500.00 
5,000.00 
5, 000. 00 
3,500.00 
2,500.00 
3,000.00 
4,000.00 


$4,000.00 
3,000.00 
4,000.00 
4,000.00 
4,000.00 
5,000.00 
4,000.00 
4,000 00 
4,000.00 
2,000.00 
2, 000. 00 
3,000.00 
3,000.00 
5,000.00 
3.500.00 
4.0CO.O0 
5.00C. 00 
4,500.00 
4.500.00 
4,500.00 
4,000.00 
4,000.00 
4,000.00 
5,000.00 
5,000.00 
4, 000. 00 
2,500.00 
3,000.00 
3,500.00 


$20,000. S7 
6. 667. 90 
6,086.29 


$5,000.00 






3,0Q0.00 




Middle 


4,000.00 


Arkansas 


Eastern 


4 
3 
3 
3 
3 
2 
1 
4 
6 
4 
5 
4 

I 

5 

5 
6 
5 
6 
4 
o 

5 
3 
2 


11,542.81 

8, 920. 65 

25,663.43 

21, 0*6. 32 

14,267.20 

6, 644. 71 

4, 128. 59 

6,204.42 

9,427.01 

21,384.23 

11,294.23 

8.770.17 

47.590.30 

9,829.97 

9,166.21 

15,604.39 

7,535.45 

10,926.89 

18,253.52 

17,052.21 

15,016.46 

20,881.81 

8,365.30 

11,061.58 

8,869.67 


4,500.00 
3.500.00 






5,000.00 


Delaware 

Florida 


Southern 

Northern 

Southern 


5,000.00 
5,000.00 
3,000.00 
2,500.00 
4,000.00 
4.500.00 
5.000.00 




Southern 


4.500.00 
4.000.00 


Illinois 


Southern 

Eastern 


5,000.00 
4,500.00 
4,500.00 
5,000.00 


Iowa 


Northern , 

Southern 


4,500.00 
5,000.00 
5,000.00 




Eastern 


5,000.00 




5. 000. 00 




Eastern 


5,000.00 




4, 000. 00 






5,000.00 


Maryland 




4, 000. 00 



54 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 

Tabulation in re salaries for clerks United States district courts — Continued. 



States. 



Massachusetts. 
Michigan 

Minnesota 

Mississippi 

Missouri 



Montana 

Nebraska 

Nevada 

New Hampshire . 

New Jersey 

New Mexico 

New York 



North Carolina. 



North Dakota. 
Ohio 



Oklahoma. 



Oregon 

Pennsylvania . 



Rhode Island . . 
South Carolina. 
South Dakota. . 
Tennessee 



Texas. 



Utah 

Vermont. 
Virginia. . 



Washington... 
West Virginia. 

Wisconsin 

Wyoming 



District. 



Eastern. 
Western. 



Northern. 
Southern. 
Eastern.. 
AVestern.. 



Northern. 
Southern. 
Eastern.. 
Western. . 
Eastern.. 
Western. . 



Northern. 
Southern. 
Eastern. . 
Western.. 



Eastern. 
Middle.. 
Western. 



Eastern.. 
Middle... 
Western.. 
Northern. 
Southern. 
Eastern.. 
Western.. 



Eastern . . 
Western.. 
Eastern.. 
Western. . 
Northern. 
Southern. 
Eastern.. 
Western . 



Number 



court 
held. 



Salary, 
attorney. 



$5,000.00 
4, 000. 00 
3, 500. 00 
4, 000. 00 
3, 500. 00 
3, 500. 00 
4, 500. 00 
4,500.00 
4, 000. 00 
4, 000. 00 
3, 000. 00 
2, 000. 00 
3,000.00 
4, 000. 00 
4, 500. 00 

10, 000. 00 
4, 500. 00 
4, 500. 00 
4, 000. 00 
4, 500. 00 
4,000.00 
4,500.00 
4, 500. 00 
4, 000. 00 
4, 000. 00 
4, 500. 00 
6, 000. 00 
4,500.00 
4, 500. 00 
2,500.00 
4, 500. 00 
4, 000. 00 
4, 500. 00 
4,500.00 
4, 500. 00 
4,000.00 
4,000.00 
4, 000. 00 
4,000.00 
4,000.00 
3,000.00 
4; 000. 00 
4, 500. 00 
4,500.00 
4,500.00 
4, 500. 00 
4, 500. 00 
4,000.00 
4, 000. 00 
4,000.00 



Salary, 
marshal. 



$5,000.00 
4, 000. 00 
3,000.00 
4. 000. 00 
3, 000. 00 
3, 000. 00 
4,000.00 
4, 000. 00 
3, 500. 00 
4, 000. 00 
2, 500. 00 
2,000.00 
3, 000. 00 
4, 000. 00 
5, 000. 00 
5, 000. 00 
4, 000. 00 
5, 000. 00 
4, 000. 00 
4, 500. 00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
4,000.00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
2, 000. 00 
4, 500. 00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
4, 000. 00 
4,000.00 
4,000.00 
4,000.00 
4,000.00 
3, 500. 00 
2, 500. 00 
3, 500. 00 
4,000.00 
4,000.00 
4,000.00 
4.000.00 
4,000.00 
4,000.00 
4,000.00 
3, 500. 00 



Annual 

average 

fees, clerk. 



830,531.35 

8,742.17 

8, 202. 09 

24,215.53 

7, 436. 84 

11,743.30 

IS, 677. 88 

20; 967. 86 

13,680.26 

18, 379. 48 

5,712.36 

3,999.38 

28, 249. 86 



9, 833. 44 

57, 037. 03 

16, 896. 54 

10,376.24 

10,662.68 

15, 660. 59 

9, 713. 98 

27,242.43 

17, 045. 59 

14,210.28 

13,067.97 

21,605.30 

22,523.63 

10, 685. 05 

20.307.35 

3', 797. 92 

7,873.51 

10, 032. 56 

9, 766. 15 

7, 378. 28 

11,544.39 

10, 635. 28 

9,348.58 

8, 907. 63 

9, 272. 50 

5, 131. 58 

4,231.12 

13, 258. 79 

12,077.03 

13,428.06 

30,072.85 

13,873.03 

7,901.42 

6,580.05 

6,991.40 

6,918.66 



Suggested 
salary, 
clerk. 



$5,000.00 
4,000.00 
4, 000. 00 
5, 000. 00 
4, 000. 00' 
4, 500. 00 
5. 000. 00 
5, 000. 00 
5, 000. 00- 
5,000.00 
3, 000. 00 
2, 500. 00 
5,000.00 



5, 000. 00 
5, 000. 00 
5, 000. 00 
5, 000. 00 
4, 000. 00 
4,500.00 
5,000.00 
5,000.00 
5, 000. 00 
4, 500. 00 
4, 500. 00 
5.000.00 
5, 000. 00 
4. 500. 00 
5; 000. 00 
2,500.00 
4, 500. 00 
4,500.00 
4, 000. 00 
3,500.00 
4, 000. 00 
5,000.00 
5,000.00 
5,000.00 
5,000.00 
3,500.00 
2, 500. 00 
4, 500. 00 
4, 500. 00 
4, 500. 00 
5,000.00 
5,000.00 
5,000.00 
4, 000. 00 
4,000.00 
4,000.00 



Additional data. 



Total annual average fees of clerks, 1909, 1910, and 1911 $1, 068, 650. 56 

Total annual average paid by United States, 1909, 1910, and 1911 311, 304. 40 

Paid by individuals and corporations, annual average, 1909, 

1910, and 1911 757, 346. 16 

Salaries proposed 342,000.00 

Balance paid into United States Treasury over and above sal- 
aries of clerks, annually 415, 346. 16 

The Chairman. Under this bill, as approved by the Attorney Gen- 
eral, the amounts written therein approved by him — what is the 
total amount of salaries allowed to these clerks — 79, I believe ? 

Mr. Keatley. $337,000. 

The Chairman. Now, to the district attorneys? 

Mr. Keatley. It stands to-day at $333,000. 

The Chairman. And to the marshals ? 

Mr. Keatley. $304,000. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 55 

The Chairman. Now, what is the average salary allowed the dis- 
trict attorney? 

Mr. Keatley. $4,215.19. 

The Chairman. What is the average salary allowed to clerks under 
this bill? 

Mr. Keatley. $4,265.82. 

The Chairman. What is the average allowed to the marshal. 

Mr. Keatley. $3,848.10. 

The Chairman. Suppose now we take up this bill, each case, begin- 
ning with the northern district of Alabama. 

Mr. Dupre. Let me say this, without desiring to inflict my own 
judgment on the committee. It is manifest to me that whatever 
ground we go over to-day in the consideration of each particular dis- 
trict will have to be covered again before the full committee, as I 
have no doubt the other members will want to go over that ground. 
It seems to me we would really be doing double work by taking it 
up in subcommittee. 

The Chairman. I recognize the force of that suggestion. What I 
wanted to do was to get the judgment of this committee to-day, and 
then it would come to the full committee and they could consider 
it as a bill coming to them in the regular course next Thursday. It 
occurred to me that if I introduced a bill at these figures I might be 
subjected to criticism for doing that. 

Mr. Norris. Would it relieve you, Mr. Chairman, if we passed a 
motion asking you to do that? 

The Chairman. I would be pleased to have the advice of the com- 
mittee. 

Mr. Norris. Unless you want to go into each one of these cases, I 
make that motion. 

The Chairman. I do not desire to keep the committee here to-day, 
and I recognize the force of what Mr. Dupre has stated, that each 
case ought to be taken up by the full committee. 

Mr. Sterling. Of course, voting on Mr. Norris's motion does not 
commit us to every particular item in this bill ? 

The Chairman. Oh, no ; it just instructs me to introduce it. It 
does not commit you or him to the particular amounts in this bill, 
but it instructs me that it is the judgment of the subcommittee to in- 
troduce this bill in order that it may come to the full committee for 
consideraion. I am not bound by any particular amount; neither is 
the committee. 

I want to say that I thank you for coining here. You have been 
enabled to get a grasp of the whole measure, of all the facts, and you 
gentlemen who are here to-day can help now to give this informa- 
tion to the other members of the committee when we meet next 
Thursday. 

Mr. Sterling. I think what Mr. Keatley has said should be printed 
in the minutes. 

The Chairman. Yes ; and I will also have most, if not all, this data 
which has been presented to you in leaflet form incorporated into this 
hearing so as to haA^e one document. 

Mr. Sterling. Mr. Keatley, what is the general sentiment among 
the clerks on the proposition? Do they favor salaries? 

Mr. Keatley. Well, I am frank to say that at first, after the 
passage of the judicial code, the sentiment among the clerks was in 



56 COMPENSATION FOE clekks of united states courts. 

favor of an increase in our emoluments. Since then I have received 
letters from every clerk in the United States, and there are only a 
few who think we ought to remain on fees. The others think .this 
is the right thing to do. 

Mr. Sterling. It will reduce the salaries of a great many of them. 

Mr. Keatley. That is very true; but still we are all American 
citizens. There is great reform being made in the courts; I have 
been expecting this action for 10 years, and it is legislation which to 
my mind unquestionably ought to be passed. I think you ought to 
give us fair living salaries commensurate with the work and responsi- 
bilities of the position. 

The Chairman. In talking this matter over with the Attorney 
General he advanced the idea that it would relieve the Department 
of Justice of a great deal of annoyance and sometimes embarrass- 
ment in the matter of fixing compensation. Under the fee system 
he is required to fix the amount of compensation allowed each clerk, 
not exceeding a certain amount. I think he took that up generally 
about once a year, and perhaps he dealt with it oftener. Senators 
and Representatives might go down there and ask him to change it 
in some particular case, just as in the case Mr. Higgins called to 
the attention of the committee the other day of the clerk in his 
State — the marshal, I believe it was — and just as in the case of the 
marshal in Texas several years ago. Now, it is proper for the Attor- 
ney General to want to put the responsibility upon Congress of fix- 
ing this compensation. Congress assumed it in the case of the district 
attorneys and marshals, and it should relieve his department of the 
trouble and the burden of having to fix the compensation of these 
clerks. 

I will now put the motion made by Judge Norris. It is that the 
chairman of the committee be, and he is hereby, requested by this 
subcommittee to introduce the bill entitled "A bill relating to com- 
pensation of clerks of United States district courts," which has been 
submitted to the subcommittee to-day and which is here set out in 
the record as follows : 

Appendix H. 

[II. R. 21220, Sixty-second Congress, second session.] 
A BILL Relating to compensation of clerks of United States district courts. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That on and after the first clay of July, nine- 
teen hundred and twelve, all fees and emoluments authorized by law to be paid 
to clerks of United States district courts shall be charged as heretofore, and 
shall be collected, as far as possible, and by said clerks covered into the Treas- 
ury of the United States ; and said clerks shall be paid for their official services 
salaries and compensation hereinafter provided, and not otherwise : Provided. 
That this section shall not be construed to require or authorize fees to be 
charged against or collected from the United States. 

Sec. 2. That the clerk of the United States district court for each of the fol- 
lowing judicial districts of the United States shall be paid, in lieu of the sala- 
ries, fees, per centums, and other compensations now allowed by law, an annual 
salary, as follows: 

For the northern district of the State of Alabama, five thousand dollars. 

For the southern district of the State of Alabama, three thousand dollars. 

For the middle district of the State of Alabama, three thousand five hundred 
dollars. 

For the district of the State of Arizona, three thousand dollars. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 57 

For the eastern district of the State of Arkansas, four thousand five hundred 
dollars. 

For the western district of the State of Arkansas, three thousand five hundred 
dollars. 

For the northern district of the State of California, five thousand dollars. 

For the southern district of the State of California, five thousand dollars. 

For the district of the State of Colorado, five thousand dollars. 

For the district of the State of Connecticut, three thousand dollars. 

For the district of the State of Delaware, two thousand five hundred dollars. 

For the northern district of the State of Florida, three thousand dollars. 

For the southern district of the State of Florida, four thousand five hundred 
dollars. 

For the northern district of the State of Georgia, five thousand dollars. 

For the southern district of the State of Georgia, four thousand five hundred 
dollars. 

For the district of the State of Idaho, three thousand dollars. 

For the northern district of the State of Illinois, five thousand dollars. 

For the southern district of the State of Illinois, four thousand five hundred 
dollars. 

For the eastern district of the State of Illinois, four thousand five hundred 
dollars. 

For the district of the State of Indiana, five thousand dollars. 

For the northern district of the State of Iowa three thousand five hundred 
dollars. 

For the southern district of the State of Iowa, five thousand dollars. 

For the district of the State of Kansas, five thousand dollars. 

For the eastern district of the State of Kentucky, five thousand dollars. 

For the western district of the State of Kentucky, five thousand dollfcs. 

For the eastern district of the State of Louisiana, five thousand dollars. 

For the western district of the State of Louisiana, four thousand five hun- 
dred dollars. 

For the district of the State of Maine, five thousand dollars. 

For the district of the State of Maryland, four thousand dollars. 

For the district of the State of Massachusetts, five thousand dollars. 

For the eastern district of the State of Michigan, four thousand dollars. 

For the western district of the State of Michigan, four thousand dollars. 

For the district of the State of Minnesota, five thousand dollars. 

For the northern district of the State of Mississippi, four thousand dollars. 

For the southern district of the State of Mississippi, four thousand five 
hundred dollars. 

For the eastern district of the State of Missouri, five thousand dollars. 

For the western district of the State of Missouri, five thousand dollars. 

For the district of the State of Montana, four thousand dollars. 

For the district of the State of Nebraska, five thousand dollars. 

For the district of the State of Nevada, two thousand five hundred dollars. 

For the district of the State of New Hampshire, two thousand five hundred 
dollars. 

For the district of the State of New Jersey, five thousand dollars. 

For the district of the State of New Mexico, three thousand dollars. 

For the northern district of the State of New York, five thousand dollars. 

For the southern district of the State of New York, five thousand dollars. 

For the eastern district of the State of New York, five thousand dollars. 

For the western district of the State of New York, five thousand dollars. 

For the eastern district of the State of North Carolina, four thousand dollars. 

For the western district of the State of North Carolina, four thousand five 
hundred dollars. 

For the district of the State of North Dakota, three thousand five hundred 
dollars. 

For the northern district of the State of Ohio, five thousand dollars. 

For the southern district of the State of Ohio, five thousand dollars. 

For the eastern district of the State of Oklahoma, four thousand dollars. 

For the western district of the State of Oklahoma, 'four thousand five hundred 
dollars. 

For the district of the State of Oregon, five thousand dollars. 

For the eastern district of the State of Pennsylvania, five thousand dollars. 

For the middle district of the State of Pennsylvania, four thousand five hun- 
dred dollars. 



58 COMPENSATION FOE CLEKKS OP UNITED STATES COURTS. 

For the western district of the State of Pennsylvania, five thousand dollars. 

For the district of the State of Rhode Island, two thousand five hundred 
dollars. 

For the district of the State of South Carolina, four thousand five hundred 
dollars. 

For the district of the State of South Dakota, four thousand five hundred 
dollars. 

For the eastern district of the State of Tennessee, four thousand dollars. 

For the middle district of the State of Tennessee, three thousand five hundred 
dollars. 

For the western district of the State of Tennessee, four thousand dollars. 

For the northern district of the State of Texas, four thousand five hundred 
dollars. 

For the southern district of the State of Texas, four thousand dollars. 

For the eastern district of the State of Texas, four thousand dollars. 

For the western district of the State of Texas, four thousand dollars. 

For the district of the State of Utah, three thousand five hundred dollars. 

For the district of the State of Vermont, two thousand five hundred dollars. 

For the eastern district of the State of Virginia, five thousand dollars. 

For the western district of the State of Virginia, five thousand dollars. 

For the eastern district of the State of Washington, three thousand five hun- 
dred dollars. 

For the western district of the State of Washington, five thousand dollars. 

For the northern district of the State of West Virginia, five thousand dollars. 

For the southern district of the State of West Virginia, five thousand dollars. 

For the eastern district of the State of Wisconsin, four thousand dollars. 

For the western district of the State of Wisconsin, four thousand dollars. 

For the district of the State of Wyoming, three thousand dollars. 

Sec. 3. That the clerk of the district court, when attending court at any 
place other than his official residence, and when otherwise necessarily absent 
from his official residence on official business, shall be allowed his necessary 
expenses for lodging and subsistence, not exceeding six dollars per day, and 
his actual necessary traveling expenses. An account of such expenses shall be 
made quarterly, in accordance with such rules and regulations as may be pre- 
scribed by the Attorney General, and shall be verified on oath before any officer 
authorized to administer oaths : Provided, That said account for expenses shall 
have attached thereto the certificate of the district judge that the expenses 
charged were incurred when attending court at a place other than the official 
residence of the clerk or when otherwise necessarily absent from his official 
residence on official business. The expense accounts of the clerks, when made 
out and certified in accordance with this act, shall be paid by the marshal, who 
shall make such return thereof as may be prescribed by the Attorney General. 

Sec. 4. That the necessary office expenses of the clerks of the United States 
District Courts shall be allowed when authorized by the Attorney General. 
And when, in the opinion of the Attorney General, the public interest requires 
it, he may, on the recommendation of the clerk, which recommendation shall 
state the facts as distinguished from conclusions showing the necessity for the 
same, allow the clerk to employ necessary deputies and clerical assistants 
upon salaries to be fixed by the Attorney General from time to time and paid as 
hereinafter provided. When any of such deputies or clerical assistants is 
necessarily absent from the place of his regular employment on official busi- 
ness, he shall be allowed his actual traveling expenses only, and his necessary 
and actual expenses for lodging and subsistence not to exceed three dollars per 
day. And he shall make and render accounts thereof quarterly, in accordance 
with such rules and regulations as may be prescribed by the Attorney General, 
and shall be verified on oath before any officer authorized to administer oaths : 
Provided, That said account for expenses shall have attached thereto the cer- 
tificate of the clerk that the expenses charged were incurred by the deputy or 
clerical assistant, when necessarily absent from the place of his regular em- 
ployment on official business. The expense accounts of the deputies or clerical 
assistants, when made out and certified in accordance with this act, shall be 
paid by the marshal, who shall make such return thereto as may be prescribed 
by the Attorney General. 

Sec. 5. That all salaries provided by this act shall be paid monthly by the 
United States marsbals for the several districts under such regulations as may 
be prescribed by the Attorney General. 



COMPENSATION" FOR CLERKS OE UNITED STATES COURTS. 



59 



Sec. 7. That clerks of United States district courts shall quarterly, on the 
first days of January, April, July, and October of each year, or within twenty 
days thereafter, make a return to the Attorney General, in such form as he 
may prescribe, of all fees and emoluments collected by him during the preced- 
ing quarter, and shall deposit the amount so reported to the credit of the 
Treasurer of the United States in the manner provided by law. 

Sec. 8. That any clerk of a United States district court whose compensation 
is fixed by section two of this act, who shall directly or indirectly demand, 
receive, or accept any compensation for the performance of any official service 
as such clerk other than is herein provided, or shall willfully fail or neglect 
to account for or pay over any fees or emoluments collected by him, shall, upon 
conviction thereof, be punished by a fine of not less than fifty dollars nor more 
than five hundred dollars, or by imprisonment, at the discretion of the court, 
not exceeding five years, or by both such fine and imprisonment. 

Sec. 9. That all sections of the Revised Statutes and all acts and portions of 
acts inconsistent with this act are hereby repealed. 

The motion was agreed to. 

The Chairman. I might say to the committee that in accordance 
with that request, which I regard as a direction, I shall introduce 
this bill to-day and ask the full committee to take it up for consid- 
eration at its next meeting on Thursday. I thank you for your at- 
tendance to-day and for your help. 

Thereupon, at 12.35 o'clock p. m., the subcommittee adjourned. 



SALARIES FOR CLERKS OF UNITED STATES DISTRICT COURTS. 

Comparative statement, in even hundreds, shewing net earnings for 1911, proposed salary 
for clerk, compensation of deputies, and annual average gross receipts for 1909, 1910, 
and 1911. 



State. 


! 

! Net earn- 
ings, 1911. 


Salary, 
clerk. 


Salaries, 
deputies. 


Total of 
clerk and 
deputies. 


Annual 
average 

gross 
receipts. 


Alabama: 

Northern 

Southern : . . . 

Middle 


i $7,000 

3,400 
3,300 


$5,000 
3,000 
3,500 
3,000 

4,500 
3,500 

5,000 
5,000 
5,000 
3,000 
2,500 

3,000 
4,500 

5,000 
4,500 
3,000 

5,000 
4,500 
4,500 
5,000 

3,500 

5,000 
5,000 

5,000 
5,000 


$7, 100 
2.500 
1,900 


$12, 100 
5,500 
5,400 


$20,000 
6,600 
6,000 


Arkansas: 

Eastern 

Western 

California: 

Northern 


7,000 

! 6,800 

: 13,000 

: 13,700 

i 7,000 

i 4, 900 

! 3,900 

4, 900 
! 6,200 

! 7.000 

| 4,400 


5,600 
5,600 

10,300 


10,500 
9,100 

15,300 


11,500 
8,900 

25,000 
21,000 
14, 200 
6,600 
4,100 


Colorado 

Connecticut 


16,500 
• 1,500 


11,500 
4,500 


Florida: 

Northern 

Southern 

Georgia: 

Northern 

Southern 


900 
3,000 

11,600 

7,500 

11,500 

23,000 
3,400 
3,000 
5,600 

i 2, 100 
3,800 
9,300 

10,400 
6,200 


3,900 
8,100 

16, 600 
12,000 
4,500 

28, 000 
7,900 
7.500 

10, 600 

5,600 
8,800 
14,300 

15,400 
11,200 


6,200 
9,400 

21,300 
11,200 


Idaho 


■ 7, 000 


8,700 


Illinois: 


6,500 


47,500 


Southern 


1 5,800 

i 5,700 


9,100 
9,800 


Indiana 


7,000 


15, 600 


Iowa: 

Northern 

Southern 


' 4,800 

1 7,000 


7,500 
10,900 


Kentucky: 


7,000 

i 10, 100 


18,200 
17, 000 


Western 


1 10, 900 


15, 000 



i Estimated. 



60 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 

SALARIES FOR CLERKS OP UNITED STATES DISTRICT COURTS — Continued. 

Comparative statement, in even hundreds, showing net earnings for 1911, proposed salary 
for clerk, compensation of deputies, and annual average gross receipts for 1909, 1910, 
and 1911- — Continued. 



State. 


Net earn- 
ings, 1911. 


Salary, 
clerk. 


Salaries, 
deputies. 


Total of 
clerk and 
deputies. 


Annual 
average 

gross 
receipts. 


Louisiana: 


$7,000 
7,000 
7,000 
5,600 
7,000 

6,700 
6,200 
7,000 

7,000 
7,000 

5,300 

6,600 
7,000 
7,000 
5.000 
4,000 
7,000 


$5,000 
4,500 
5,000 
4,000 
5,000 

4,000 
4,000 
5,000 

5,000 
5,000 

4,000 
4.500 
4,000 
5,000 
2,500 
2,500 
5,000 
3,000 

5,000 
5,000 
5,000 
5,000 

■4,000 
4,500 
3,500 

5,000 
5,000 

4,000 
4, 500 
5,000 

5,000 
4,500 
5,000 
2,500 
4,500 
4,500 

4,000 
3,500 
4,000 

4,500 
4,000 
4,000 
4,000 
3,500 
2,500 

5,000 
5,000 

3,500 
5,000 

5,000 
5,000 

4,000 
4,000 
3,000 


$9,200 
2,900 
1,700 
3,100 

16,800 

4,700 
3,800 
13,200 

8,300 
9, 700 

1,800 
1,200 
3,400 
7,400 
1,400 
300 
11, 100 


$14,200 

7,400 

6,700 

7,100 

21,800 

8,700 
7,800 
18, 200 

13,300 
14, 700 

5,800 
5,700 
7,400 

12,400 
3,900 
2,800 

16, 100 


$20,800 


Western 

Maine 


8,300 
11,000 




8,800 




30,500 


Michigan: 

Eastern 

Western 


8,700 

8,200 

24,200 


Missouri: 


18,600 




20,900 


Mississippi: 


7,400 




11,700 




13, 600 


Nebraska 


18, 300 
5,700 




3,900 




28, 200 






New York: 


5,900 
7,000 
7,000 
7,000 

7,000 
7,000 
6,500 

7,000 
7,000 

7,000 

7, 000 
14, 000 

7,000 
7,000 
7,000 
3,700 
5,900 
7,000 

6,200 
5,400 
7,000 

5,600 
4,100 
3,800 
4,900 
4,800 
3,100 

5,100 
7,000 

12, 300 
14,000 

7,000 
7,000 

4,700 
6,200 
4,900 


3,800 

6,200 

23,400 

3,700 

4,300 

8,500 
2,900 

12,900 
7,300 

6,500 
6, 600 
5,400 

10, 500 
3,700 
9,100 
1,000 
3,200 

i 2, 600 

13,000 
3,300 
2,600 

14,500 
6,000 
5,700 


8,800 
11,200 
28,400 

8,700 

8,300 
13,000 
6,400 

17,900 
12, 300 

10,500 
11,100 
10,400 

15,500 
8,200 

14,100 
3,500 
7,700 
7,100 

7,000 
6,800 
6,600 

9,000 
10,000 
9,700 


9,800 




16, 800 


Southern 


57,000 




10,300 


North Carolina: 


10,600 




15, 600 




9,700 


Ohio: 


27,200 




17,000 


Oklahoma: 


' 14,200 


Western 


13,000 
21,600 


Pennsylvania: 


22,500 


Middle 


10, 600 




20.300 




3,700 




7,800 




10,000 


Tennessee: 


9,700 


Middle 


7,300 




11,500 


Texas: 


10,600 




8,900 




9,300 




9,200 


Utah 


11,500 
700 

6,200 
6,200 

4,100 
11,100 

7,200 
2,600 

2,200 

3,800 

1 1,500 


5,000 
3,200 

11,200 
11,200 

7,600 
16,100 

12,200 
7,600 

6,200 
7,800 
4,500 


5,100 




4,200 


Virginia: 


13,200 




12,000 


Washington: , 


13,400 




30,000 


West Virginia: 


13,800 




8,000 


Wisconsin: 


6,500 




6,900 




6,900 







1 Estimated. 



COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 61 

STATUTES IN RELATION TO COMPENSATION OF CLERKS OF UNITED STATES COURTS. 

Sec. 839. (Compensation retained by a clerk.) No clerk of a district court, or 
clerk of a circuit court, shall be allowed by the Attorney General, except as provided 
in the next section and in section eight hundred and forty-two to retain of the fees 
and emoluments of his office, or, in case both of the said clerkships are held by the 
same person, of the fees and emoluments of the said offices, respectively, for his per- 
sonal compensation, over and above his necessary office expenses, including necessary 
clerk hue, to be audited and allowed by the proper accounting officers of the Treasury, 
a sum exceeding three thousand and five hundred dollars a year for any such district 
clerk or for any such circuit clerk, or exceeding that rate for any time less than a 
year. (R. S.) (Act of Feb. 26, 1853, ch. 80, 10 Stat. I,., 166; act of June 22, 1870, 
ch. 150, 16 Stat. L., 164.) 

Sec. 840. (Clerks in California, Oregon, and Nevada.) The clerks of the several 
circuit and district courts in California, Oregon, and Nevada shall be entitled to 
charge and receive double the fees hereinbefore allowed to clerks, and shall be allowed, 
respectively, by the Attorney General, to retain of the fees so received by them, for 
then personal compensation, over and above the necessary expenses of their offices, 
including the salaries of deputy clerks, and necessary clerk hire, to be audited by 
the proper accounting officers of the Treasury Department, a sum not exceeding seven 
thousand dollars a year, nor exceeding that rate for any time less than a year: Pro- 
vided, That whenever, in either of the said districts, the same person holds the office 
of clerk of both the circuit and district courts, he shall be allowed by the Attorney 
General to retain for his personal compensation, as aforesaid, only such sum as is 
herein allowed to be retained by a person holdins; the office of clerk of only one of 
the said courts. (R. S.) (Act of Feb. 26, 1853, ch. 80, 10 Stat. L., 163; act of Feb. 
19, 1864, ch. 11, 13 Stat. L., 5; act of Feb. 27, 1865, ch. 64, 13 Stat. L., 440; act of 
June 22, 1870, ch. 150, 16 Stat. L., 164; act of June 8, 1872, ch. 336, 17 Stat, L 330.) 

The act of July 5, 1892, section 16 provides that "The marshal, district at«rney, 
and clerks of the circuit and district courts of said district [Idaho] and all other officers 
and persons performing duties in the administration of justice therein, shall severally 
possess the powers and perform the duties lawfully possessed and required to be per- 
formed by similar officers in other districts of the United States; and shall, for the ser- 
vices they may perform, receive the fees and compensation allowed by law to other 
similar officers and persons performing similar duties in the State of Oregon." (26 
Stat. L., 217.) 

This is from the act of July 3, 1890, chapter 656, to provide for the admission of Idaho 
into the Union.' 

The act of July 10, 1890, chapter 664, providing for the admission of Wyoming has 
the same provision as above, which was also carried into the act of May 23, 1892, section 
16. (26 Stat. L., 225.) 

The act of March 2, 1891, section 2, carries the same provision in reference to the State 
of North Dakota. (28 Stat. L., 642:) 

Under the act of May 12, 1900, section 21, clerks in the State of Montana were allowed 
compensation similar to clerks in the State of Nebraska. (25 Stat. L., 682.) 

The allowance of double fees in Montana is under the act of March 3, 1891, chapter 
541 (26 Stat. L., 947); act of July 16, 1892, chapter 196 (27 Stat. L., 223); act of 
March 3, 1893, chapter 211 (27 Stat. L., 714). 

The act of August 7, 1882, chapter 436 (22 Stat. L., 344), is as follows: ' 'That the 'Bet 
of the Congress of the United States entitled, 'An act to regulate the fees and costs to 
be allowed clerks, marshals, and attorneys of the circuit and district courts of the United 
States, and for other purposes, ' approved February twenty-sixth, eighteen hundred 
and fifty-three, and section eight hundred and thirty-seven of the Revised Statutes 
of the United States, are extended to the territories of New Mexico and Arizona, and 
shall apply to the fees of all officers in such territories * * * . " (22 Stat. L., 344.) 

In United States v. McMillan (165 U. S., 504), it is held that this provision includes 
clerks of the courts. 

The provisions as to double fees in the State of Washington are contained in the same 
acts as referred to for the State of Montana. 



INDEX. 



Page. 

Section 289 of Judicial Code (abolishes circuit clerk) 3 

Section 839 of the Revised Statutes (fixes compensation) 4 

Letter from chairman to Department of Commerce and Labor 4 

Letter from Department of Commerce and Labor to chairman V 4 

Hearings before subcommittees 5 

Gross earnings of clerks, Appendix A 8 

Compensation actually received by clerks, Appendix B 10 

Citations and statutes in re Department of Justice 13 

Rules and regulations of Department of Justice 14 

Statement relative to the bill, Appendix C 22 

Attorney General, letter and statement indorsing salaries, Appendix D 33 

Hearing before subcommittee No. 2, Appendix E 35 

Compensation of deputy clerks, etc., Appendix F 42 

Tabulation in re salaries of attorneys, marshals, etc., Appendix G 53 

Bill as introduced by direction of special subcommittee No. 5, Appen- 
dix H 56 

Comparative statement, net earnings, proposed salary, etc 59 

Statutes now existing as to compensation of clerks of United States courts 61 

63 



IBJatS 



